As an employee, you have several rights and privileges protected by the law. If you have a problem with your employer, it is upon you to seek legal action. At the same time, it can be tricky to sue your employer. It is because the employment contract or agreement protects them.
What To Consider Before Filing a Case Against Your Employer
Go through your agreement and other work-related policies before you proceed to file a case. In this case, as you work on suing your employer, make sure to consider the following:
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Did You Try To Find Other Ways To Solve the Problem(s) With Your Employer?
Before you contact your attorney and open a file against your employer, it’s best to try other alternatives to settle the dispute. For example, you may get a third party to act as a mediator to find a balance for the dispute. You may also explore higher-ups who see the dispute from a proper perspective. If you can manage to settle the issue outside the court, you will save money and time.
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How Confident Are You That Your Employer Violated the Law?
If you want to succeed in a case against your employer, you must be sure that they broke the law. It means you must have satisfactory evidence that their actions were in breach of contract. A rude or inconsiderate employer may not be reason enough to file a successful case. Please speak to your attorney so that they can break down the situation and give you the best alternative. Also, they are in a better position to inform you whether the case will succeed in court.
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Did You Experience Discrimination of Any Kind?
There have been many cases of discrimination in the workplace by employers. If you think you have been discriminated against, there is a chance you have a solid case against your employer. However, before rushing, speak to other employees and determine if people of other backgrounds experienced the same.
If they did, get to know how the issue was solved, and if it was ignored, you might have something solid. Remember, you will need these individuals to back you in court, which can be tricky as some could fear getting fired if the case fails.
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Is Your Case Based on Health and Safety Negligence at Work?
According to civil law, if an employee gets injured or falls ill because of working in an unsafe environment, they must be compensated. For example, former service members and former contractors of Plattsburgh Air Force Base managed to get compensated for health complications based on their work. These individuals developed mesothelioma and lunger cancer because they worked in contaminated sites.
Suppose you have been exposed to such health risks and developed severe health challenges. It’s time to contact your attorney. It works best if your employer is reluctant to offer you the compensation you deserve.
On What Grounds Can You Sue the Employer?
As an employee, you can sue your employer based on but not limited to, these circumstances.
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Sexual Harassment
If your boss has made any sexual advances towards you by physical touch or verbal suggestion, you can sue them in court. The work environment is expected to be a safe place for people of all sexuality. Any violation by your employer must be reported to a higher authority, or you can also seek guidance from the best sexual assault victim lawyer NYC for advice on how to proceed, and action must be taken.
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Discrimination
Everyone must be presented with equal opportunity for employment regardless of their age, sexuality, race, gender, or ethnicity. If there is evidence that you have been discriminated against on any of these grounds, you should act legally.
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Compensation
The law requires that every employee gets fair compensation for their work. Don’t stay silent if you are denied compensation or get undesired compensation that is not following your signed agreement.
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Wrongful Termination
Your employer shouldn’t terminate you because they are having a bad day or you failed to acknowledge their presence. There is a procedure for employee termination and if you have been fired, follow up to see if it was as per the company policies. If it was wrongful termination, your lawyer has a chance to fight in court.
There are many reasons to sue your employer, and each employee has a right to seek justice. However, before rushing to court, ensure you have exhausted every negotiation alternative. Also, higher experienced employment lawyers stand a chance of winning against any corporation.