Can I Sue My Employer?

This article answers some questions about employment rights and when to consult an employment attorney.

Your Employer Discriminated Against You

Federal law, through the Americans with Disabilities Act and Title VII of the Civil Rights Act, bans employers from discriminating against employees based on:

• Race
• Religion
• Gender
• National origin
• Sexual orientation or gender identity
• Disability

Employees over 40 years old also have some protection against age discrimination. This form of employment discrimination falls under the Age Discrimination in Employment Act of 1967 (ADEA).

If you believe your employer is discriminating against you on these grounds, you may bring a discrimination lawsuit against your employer.

You Were Wrongfully Fired From Your Job

Did your employer terminate your employment for reasons unrelated to the company's state, your employment contract, or your performance? Employers can fire at-will employees for many reasons unless you are a protected class member.

But there are also illegal reasons to fire someone. For example, your employer can't fire you for:

• Serving jury duty or taking time to vote
• Retaliation for being a whistleblower
• Taking leave under the Family and Medical Leave Act

If your employer fired you in violation of federal or state labor laws, you may sue your employer for wrongful termination.

Your Employer Is Harassing You

Although there are different types of workplace harassment, the most common one is sexual harassment. This harassment may be from your employer. You will also have grounds to sue your employer if another co-worker harassed you and your employer failed to do anything about it. A hostile work environment exists when management is aware of harassment and does not correct the problem.

You Got Injured at the Workplace

Employees must get workers' compensation benefits for workplace injuries even if their actions helped cause the injury. Contact a lawyer to start a claim if your employer won't pay you.

You may also sue for injuries that would not otherwise fall within a worker's compensation claim. This may include injuries caused by defective products or third-party negligence.

Can I Sue My Employer for Bullying Me?

Maybe. If you can prove your employer's actions are affecting you and you are experiencing emotional distress, you can bring a personal injury claim against your employer. FindLaw has resources on how to sue your employer for work-related emotional distress and bullying.

Can I Sue My Employer for Not Paying Me?

Yes, you may sue for unpaid wages under certain conditions. Wage and hour violations are a common reason for employment lawsuits. These cases often concern issues like withheld tips, wage theft, and payment below minimum wage.

Yet, an employer may withhold pay in limited cases. Court-ordered wage garnishment is an example. Wage and hour laws are complex, so learn more about your rights and whether you can sue.

Before You Sue: See If There Are Alternatives

Lawsuits are expensive and take a long time. So, before you sue, ensure you have exhausted all other remedies. You can try one of the following before suing your employer:

• Speak to your employer to see if you can resolve the issue.
• Talk to the human resources department or another responsible person that handles these issues,
• Contact the Equal Employment Opportunity Commission (EEOC). It will conduct its own investigation and may require arbitration or mediation.
• Speak to an attorney for legal advice on other ways of resolving the issue.

Make Sure to Document Everything

If you have tried other alternatives and nothing seems to work, it may be time to bring the case to court. Before you file your case, have evidence to back your claims.

Document everything that shows how your employer violated your rights. You can do this by taking pictures, saving email correspondences, or documenting other encounters with your employer that could prove their illegal behavior.

How Do I Sue My Employer?

How you start a lawsuit will depend on your unique circumstances. The first step in starting a lawsuit is to find an experienced attorney who protects employee rights. At your case evaluation, they’ll explain the legal process for this type of dispute in your state.

At the start of an employment law case, you might expect to take the steps below:

• Manage careful communication with your employer
• Check that you still have time to sue under the statute of limitations
• Gather evidence related to your claim
• Review your job contract, company policies, and relevant state laws
• Decide which court should hear your case
• File your claim with the appropriate court

Your lawyer can guide you through each step to sue your employer. They often also take care of tasks like filling out court forms for you. Whether your case involves a breach of contract or workplace discrimination, legal counsel can help you understand what's next.

More Resources

• Workers' Compensation: Can I Sue My Employer Instead?
• Do I Need a Wrongful Termination Lawyer?
• I Have a Work-Related Injury: What Are My Employer's Responsibilities?
• Can I Sue a Company That Has Been Dissolved?
• Can I Sue a Company That Has Been Sold?
• Can I Sue a Company if I Quit?
• Can I Sue a Job Agency?
• Can I Sue an Employment Background Check Company?

An Employment Lawyer May Help With Your Legal Claim

If your employer mistreats you, you have legal rights. If your employer commits illegal acts, you should take action. Speak to an experienced employment law attorney who can review your case and explain how to proceed.