Employment disputes between workers and their employers are unfortunately common. In the United States alone, over 100,000 workplace lawsuits are filed each year.
Recent statistics show that workplace discrimination complaints have risen sharply in the past decade. Disability discrimination charges increased by 11% from 2012 to 2021. Racial discrimination charges are up 2% in the same period.
While many employee complaints can be resolved through internal processes, sometimes legal action is the only recourse. As diversity in the workplace grows, employees are becoming more aware of their rights to fair treatment.
So, when can you sue your employer? Here are some of the most common scenarios that may warrant a lawsuit.
1. Unsafe Working Conditions and Injuries
Workplace safety laws such as OSHA require employers to provide a hazard-free working environment. If an employer is aware of a safety hazard but does nothing to remedy it, they can be liable when employees are injured on the job. This becomes especially critical when it comes to harmful substances like asbestos, which can lead to severe health conditions such as lung cancer.
Common safety violations include a lack of proper protective gear, failure to address slippery floors or tripping hazards, and inadequate training on using dangerous equipment or handling hazardous materials, such as asbestos.
Employees who get injured due to unsafe working conditions, or those who develop serious conditions like lung cancer due to prolonged asbestos exposure, should consult a personal injury attorney. If and when you develop lung cancer and legal advice is required, make sure you hire a lawyer or contact a law firm with a good track record of handling similar cases. A personal injury lawyer can help determine if a negligence lawsuit against the employer is warranted. They can guide you through the process of seeking compensation for your injury or illness, ensuring that your rights are fully protected.
2. Discrimination Based on Protected Characteristics
Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. The Americans with Disabilities Act and Age Discrimination in Employment Act offer additional protections. If an employer makes decisions about hiring, firing, promotions, or compensation based on these protected characteristics, affected employees can sue.
3. Retaliation for Engaging in Protected Activities
Retaliation for engaging in legally protected activities is prohibited under anti-discrimination laws. Protected activities include filing a discrimination complaint with the EEOC, reporting suspected discrimination to HR, participating in an investigation of discrimination, or requesting reasonable accommodation for a disability.
If an employee suffers adverse action, like being demoted, disciplined, or terminated for engaging in these activities, they can file a retaliation claim.
4. Failure to Pay Minimum Wage and Overtime
The Fair Labor Standards Act establishes federal minimum wage and overtime pay requirements. Employers who fail to pay nonexempt employees the minimum wage or overtime owed are violating the law. Employees can file a lawsuit to recover unpaid wages plus additional monetary damages. FLSA violations often occur when employees are misclassified as exempt from overtime.
Employees who believe they have been misclassified as salaried instead of hourly, making them ineligible for overtime, may have a wage claim.
5. Interference with FMLA Rights
Under the Family Medical Leave Act, employees of companies with 50 or more workers are entitled to 12 weeks of job-protected leave for certain family and medical reasons. Qualifying reasons include the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition. Employers cannot interfere with an employee’s FMLA rights or retaliate against them for taking leave. If an employer terminates an employee who is out on FMLA leave, denies them reinstatement rights after leave, or otherwise punishes them for taking leave, a lawsuit can be filed.
6. Violations of Notice Requirements in Mass Layoffs
The WARN Act requires larger employers to provide 60 days advance notification of mass layoffs or a plant closing. This notice gives workers time to seek alternate jobs or training.
Employers who fail to provide adequate notice before a mass layoff are in violation of the WARN Act’s requirements.
Lawsuits under the WARN Act usually take the form of class action claims on behalf of all affected employees.
7. Injuries Suffered Outside Workers’ Compensation System
Workers’ compensation is a state-mandated program that provides benefits to employees injured on the job. Employers are generally immune from lawsuits for workplace injuries, as workers’ compensation is the exclusive remedy. However, there are exceptions where an employee can sue an employer for injury damages. These include injuries caused by intentional or egregious conduct by the employer, injuries occurring outside of work, and injuries suffered by employees not covered by workers’ comp programs.
In such cases, it’s best to consult with a personal injury attorney who can determine if civil litigation against the employer is feasible.
8. Retaliation Against Whistleblowers
Whistleblower laws prohibit employers from retaliating against employees who report illegal activities. Protected whistleblowing includes reporting violations of state or federal laws, gross mismanagement or waste of funds, abuse of authority, and substantial dangers to public health or safety. If an employer takes adverse action against an employee for whistleblowing, a lawsuit can be filed under state or federal statutes.
The whistleblower is protected from retaliation regardless of whether the reported conduct is ultimately found to be illegal.
9. Breach of Employment Contract
If an employment contract is breached, the affected employee may have grounds to sue for damages. For example, if an employer fails to pay contractually-obligated severance or bonuses upon termination or violates a non-compete or non-disclosure provision, a lawsuit for breach of contract can be filed. If the employee suffers financial losses due to the breach, they can recover compensatory damages.
Employees should retain a copy of any employment contract in case they need to consult a lawyer regarding a potential breach.
10. Sexual Harassment and Hostile Work Environment
Sexual harassment by managers, coworkers, or third parties, such as customers, is illegal when it creates a hostile work environment. Harassment can take the form of sexual comments or jokes, inappropriate touching, sexual propositions, displaying graphic materials, or offensive texts or emails.
Targets of severe or pervasive sexual harassment can sue the employer for permitting a hostile environment. Employers are liable if they knew about the harassment and failed to take prompt action to stop it.
Conclusion
Employment laws aim to protect workers from unfair treatment and provide recourse when rights are violated. While no one wants to sue their employer, litigation may be the only way for employees to assert their rights in cases of discrimination, safety violations, wage theft, harassment, or other unlawful actions. Workers who believe their rights under state or federal law have been violated should document all incidents, gather evidence, and consult an attorney to discuss their options.
With solid evidence and legal counsel, employees can hold employers accountable for creating an illegal or dangerous work environment when internal reports fail to resolve the issues.
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