Can You Directly Sue Your Employer?By Kenton Koszdin on October 10, 2018 | In Workers Compensation
While there are ways to help protect employees in certain situations, such as being injured in the work-place, there are still reasons to sue your employer. When considering whether or not to sue your employer, it is important to know when a lawsuit is warranted and when it isn’t worth the time and legal fees, or not even appropriate.
Reasons to Sue Your Employer
The biggest reasons to sue your employer include: discrimination, harassment, wrongful termination, or even an injury sustained at work. Discrimination laws have already been established through the Civil Rights Act and the Americans with Disabilities Act. According to these, your employer is not able to fire you, or treat you any different than other employees, based on sex, religion, gender, race, ethnicity, or disability.
While most harassment in the workplace is sexual in nature, you may be harassed by coworkers or even supervisors and executive personnel. No kind of harassment is acceptable, and if you have been harassed, you may be able to sue your employer.
If you’ve been fired for any reason unrelated to your job performance, it may be unethical. While the company can fire you if their business or profit changes, if they’ve given no reason for the firing it could be considered unethical, giving you a wrongful termination reason to sue your employer.
Many workplace injuries are covered through Workers’ Compensation insurance your employer is obligated to provide. However, there are certain injuries and illnesses that may not be covered, such as: a third-party was negligent, you’ve been exposed to toxic substances, or the accident was caused intentionally by the employer. Any of these reasons may give you an opportunity to sue your employer.
Speaking to Your Employer
Many employers don’t want to face expensive legal fees as well as the negative publicity surrounding a lawsuit from an employee, or former employee. This means you may be able to come to an agreement regarding changes in work environment or changes to work descriptions. They may even be willing to settle a case outside of a courtroom, offering a settlement.
Speaking to a Lawyer
If speaking to your employer about the situation isn’t an option or they’ve refused to help in any way, speaking to a lawyer may be an option if you wish to sue your employer. A consultation with a lawyer can tell you whether you have a strong case against your employer or it wouldn’t be worth your time.
If you’d like to speak to a lawyer through a consultation, contact Koszdin Law Offices in Van Nuys, California. You can learn more about what is involved when you sue your employer and the steps, if you decide to go through with it. Are you looking to hire a lawyer to help with a case against your employer? Call us today.