Learn More About When to File a Lawsuit Against Your Employer
In the working world, there are times when taking legal action against your employer might be necessary. This article breaks down different situations that could lead someone to consider suing their employer. Whether it’s discrimination, harassment, wage problems, or wrongful termination, understanding these reasons sheds light on the rights and options available to employees dealing with challenges at work.
Common Lawsuits Filed Against Employers
Read on to learn more about when it is appropriate and justified to sue your employer.
1. Sexual Harassment
Sexual harassment can affect men and women in the workplace. It occurs when an employer makes unwanted sexual comments or actions against an employee or allows such actions to occur.
In other words, if another employee is making unwanted sexual comments or acts towards you and your employer does nothing to stop the behavior or reprimand the employee, you may have a claim of sexual harassment against your employer. In the same vein, if your employer, manager, supervisor, or client make any type of unwanted sexual comments or actions towards you, your employer must take action to stop such actions. Any inaction is as bad as committing the acts, affording you the right to file a lawsuit against your employer. Working with a talented sexual harassment lawyer can help ensure you get the justice you deserve.
2. Disability Discrimination
If you have a disability, the Americans with Disabilities Act, a federal law, protects your right to work. Under the law, employers must provide you with reasonable accommodations to conduct your work. These accommodations may include, but are not limited to, the following:
- The ability to sit on the job
- More breaks throughout the day
- Frequent restroom breaks
- Use of an ergonomic keyboard
- Any other recommended accommodation that allows you to do your job at the level expected of employees.
Additionally, if you get ill because of your disability, your employer cannot fire you while you are out of work on medical leave. They must provide you with a comparable position upon your return. If your employer denies you these accommodations, fires you because of your disability, or denies you a job due to your disability, you have the right to file a lawsuit and hold them accountable for disability discrimination.
3. Pregnancy Discrimination
As a pregnant woman, you have the right to work before and after you give birth. You have a right to come back to work your job after maternity leave. Furthermore, your employer must provide reasonable accommodations for you throughout your pregnancy, including, but not limited to the following:
- Provide time off for doctor’s appointments as needed
- Allow you to keep food and water with you as you work
- Provide a place to sit as needed
- Provide additional bathroom breaks as needed
When you go out on maternity leave or need to take disability due to pregnancy complications, your employer must keep your job or a comparable job for you. If they do not allow you to come back to work in your position or a comparable position in which you use the same skills for the same pay, they are breaking the law.
When your employer denies you these rights, it’s essential to know your rights as a pregnant employee. You have the right to hold them accountable and file a lawsuit against them. You also have the right to speak with a pregnancy discrimination attorney and sue your employer under state and federal laws.
4. Unpaid Overtime
The federal law insists that non-exempt employees must earn 1.5 times their hourly wage for any hours worked over 40 hours a week. Unpaid overtime can occur in some of the following ways:
- When an employer classifies you as exempt, even if you are clearly a non-exempt employee
- When an employer forces you to clock out and still work
- When an employer pays you your regular pay rate when you work over 40 hours a week
When an employer does not pay you the appropriate overtime rate for hours worked over 40, they are breaking the law. Whatever the reason for the unpaid overtime, you have the right to consult a qualified wage and hour lawyer and file a lawsuit against your employer.
5. Unpaid Wages
Employers cannot decide to dock your pay or refuse payment to you for hours you worked. Any time you are working, including time you are conducting workplace responsibilities or having your time controlled by your employer, you have a right to be paid. This includes some of the following work-related duties:
- Donning and doffing equipment
- Running errands for the office
- Waiting for instruction for your next employment-related task
- Attending mandatory meetings
- Attending mandatory training
When your employer refuses to pay you for your time worked or illegally docks your pay, they are breaking the law. You have a right to consult an employment lawyer and sue your employer for unpaid wages.
6. Sex, Race, Color, National Origin or Religious Discrimination
Standard rights in the workplace include the right to work in a safe environment regardless of your sex, race, religion, national origin, or color. 
You cannot be fired or denied your rights to a fair and equitable workplace simply because of your sex, race, color, national origin, or religion. Furthermore, your employer must provide you with reasonable accommodations to adhere to any religious needs while working. If your employer treats you unfairly or denies you these religious accommodations, you have a right to consult a discrimination lawyer in your state and sue your employer.
7. Gender Identity Discrimination
Gender identity discrimination is different than sex discrimination. Gender identity discrimination occurs when an employer discriminates against you based on your gender, including transgender and non-binary individuals. It can include, but is not limited to the following actions:
- Refusal of the right to be addressed by your preferred pronouns
- The right to dress according to your gender
- The right to use the restroom of your identified gender
When your employer denies you these rights, you have the right to hold them accountable and file a lawsuit. Working with a qualified discrimination lawyer in your state can help.
8. Illegal Interview Practices
All potential employees must be treated equally. A potential employer cannot ask certain questions that would not be asked to all applicants. These questions may include discriminatory questions relating to age, race, religion, color, or any other protected class. As an applicant, you have a right to sue a potential employer or your current employer who insists on asking illegal interview questions or participating in illegal interview practices.
9. Age Discrimination
The federal law protects you if you are over the age of 40 from being fired or denied reasonable accommodations in the workplace based on your age. Some states, such as New Jersey, may also protect employees older than 18 from such actions. When an employer makes any employment decisions or treats you unfairly because of your age, they are violating these laws. You have a right to consult a discrimination attorney and sue your employer for age discrimination.
10. Retaliation
Your workplace must be a safe environment. You have a right to report any activity that you feel violates the law. You also have a right to refuse sexual advances or to participate in illegal activities. However, some employers may take adverse actions against you, such as the following:
- Creating a hostile work environment
- Docking your pay
- Decreasing your hours
- Making you work undesirable shifts
- Moving you to another department that is outside of your skillset
- And More
These actions are known as retaliation. Retaliation is illegal and creates a reason to sue your employer. Consulting a qualified employment lawyer can help you fight for your rights against retaliation.
11. Wrongful Termination
Many states allow employers to terminate employment for almost any reason. However, they cannot fire you based on race, religion, color, sex, national origin, gender, age, or any other protected reason. They also cannot fire you for reporting illegal actions. If your employer chooses to fire you for any protected reason, you have a right to seek justice. You can contact a qualified employment lawyer and sue your employer for wrongful termination.
How to File a Lawsuit Against Your Employer
So, you have experienced sexual harassment, discrimination, retaliation, wrongful termination, or wage theft at the hands of your employer. Now is the time to sue your employer to get the justice you deserve. The first step is to contact a dedicated and qualified employment lawyer in your state. They can help you file a lawsuit against your employer and get the justice you deserve. A dedicated employment lawyer will help with the following tasks related to filing an employment lawsuit against your boss:
- Gather necessary details relating to your employment law claim.
- File your lawsuit against your employer with the appropriate court.
- Prepare for deposition and testimony.
- Manage your lawsuit against your employer from the moment you file until it settles or finishes trial.
A good employment lawyer will help you fight for your rights against any employment law violation without charging you any money until you win your case. The standard for employment lawyers is to work on a contingency basis, allowing anyone harmed by their employer’s actions the ability to file a lawsuit as needed.
Reach Out to Us for Help Against Your Employer
The workplace should be a place of respect, fairness, and equal opportunity. Yet, sometimes confusing situations arise – unfair pay, wrongful termination, or even harassment. If your employer violates these rights, you have a right to hold them accountable. But sometimes navigating workplace issues can be confusing. You might ask yourself, “How do I know if I have a case against my employer for wrongful termination, unfair pay, or sexual harassment?”
The dedicated and experienced employment lawyers at the Derek Smith Law Group have helped many employees navigate these questions and get the money and justice they deserve. We offer free consultations (800.807.2209) to listen to your story and advise you on your options. We work on a contingency fee, meaning you don’t pay us anything until you win your case.
Our dedicated and experienced employment lawyers are located across the US, in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey. No matter where you are, we can help you navigate workplace challenges and fight for justice.
