Everyone deserves to earn a living in an environment that’s safe and free of unnecessary stress. Unfortunately, this doesn’t always happen. Every day in America, there are workers who face discrimination, wage theft, harassment, and a variety of other illegal actions. If you feel like you’re working in an unethical, dangerous, emotionally destructive, or otherwise unprofessional environment, you may be wondering what reasons you can sue your employer over.

Unfortunately, there are some situations where you give up certain rights in order to work. For instance, having access to workers’ compensation benefits typically means you cannot sue your employer over an injury. Similarly, you may have signed a mandatory arbitration agreement upon taking a position in a company. Simply put, this area of law can be complex. Our law firm can help you better understand your rights. Here’s a primer on what you should know.

Should You Sue Your Employer?

There are many reasons you can sue your employer. However, it’s understandable if you’re asking yourself, “should you sue your employer?” This is a loaded question, and even when someone has a seemingly “open and shut” case, they may still be hesitant about suing. There are often concerns about losing their job, and it’s not uncommon to worry about what will happen to co-workers if the business is negatively affected.

Our law firm understands these concerns, but standing up for your rights is typically the proper response. If you’re facing issues that rise to the level of litigation, it means your co-workers are facing the same problems. Additionally, you could be losing out on wages, benefits, promotions, and a variety of other things you rightfully deserve. Of course, every situation is different — and you wouldn’t want to sue your employer only to find out there’s no legitimate reason to do so.

This is where an employment law attorney can prove useful. Our law firm will review your case so you can move forward in an informed and appropriate manner.

Reasons to Sue Your Employer

There are many different reasons you can sue your employer. The following list is legitimately just the tip of the iceberg. For instance, there are certain narrow circumstances where a worker can sue their employer for an on-the-job injury. However, workers’ compensation laws typically make this a rare occurrence. Instead, the following list will focus on the most common reasons workers file lawsuits against their employers.

Employment Discrimination

Employment discrimination occurs when an employee faces harassment or differential treatment due to legally protected characteristics. The Equal Employment Opportunity Commission (EEOC) lists various protected statuses — including race, color, sex, religion, disability, age, and other characteristics. Many states offer additional protections. For instance, New York lists domestic violence victim status as a protected characteristic.

Harassment in the Workplace

Although often used interchangeably with “discrimination,” workplace harassment involves activities that go beyond typical discrimination. Discrimination is when a person is treated differently because of their membership in a protected class. Harassment occurs when unwelcome conduct is related to these protected characteristics and either (a) becomes a condition of employment or (b) creates a hostile work environment.

Retaliation

The Equal Employment Opportunity Commission states that retaliation is the most common form of alleged discrimination in America. It’s not retaliation itself — rather, it’s when employers take adverse actions (e.g., demotion, termination) against employees for reporting discrimination and other illegal actions. This includes reports regarding every other entry on this list.

Not Offering Breaks

Many states require employers to provide either meal breaks or rest periods to their employers during their shifts. However, there is no federal law dictating this. New York is one of the many states, though, that do require meal breaks. If your employer fails to provide them, they could face legal repercussions and have to provide additional pay to you. If they don’t properly compensate you or retaliate, you may have a valid lawsuit.

Employee Misclassification

All workers are classified into certain categories. The most common classifications are employee, contract worker, and exempt employee. If an employer misclassifies their workers, it can result in the employee missing out on healthcare, vacation days, overtime pay, and other legal requirements. You could file a lawsuit to receive compensation for these if you were misclassified.

Violating Medical Leave Laws

There are various laws dealing with time away from work due to medical issues. The Family and Medical Leave Act (FMLA) and workers’ compensation laws are the most common. These statutes allow employees to take protected time off work or receive benefits. If an employer interferes with this process or punishes a worker for exercising their rights, they may be liable for damages.

Wrongful Termination

Wrongful termination can occur for a variety of reasons, and in many cases, affected employees will have a stellar reason for suing their employer. Wrongful termination typically relates to firing someone for an illegal reason. For instance, a person cannot be fired based on a protected characteristic. Employers can also face lawsuits if they terminate someone in violation of an employment contract. In New York, implied contracts may exist without you even knowing it.

Unpaid Wages

Employers have to follow a variety of laws related to fair pay. If they fail to do so, they may find themselves in court. For instance, workers must be paid at least minimum wage and for the full number of hours they work. Employees are typically also entitled to overtime pay when they work more than 40 hours a week. It’s typically also not acceptable for employers to dock pay. These are all sufficient reasons for suing your employer, so consider reaching out to an attorney.

How Can You Sue Your Employer?

If your employer has engaged in actions that rise to the level of litigation, you typically have multiple options available to you. However, these options can vary depending on the problems in the workplace you’ve experienced. For instance, envision a scenario where your reason to sue your employer involves discrimination based on race. If you plan on suing in federal court, you’ll typically need to start by filing a charge with the EEOC and waiting for a Notice of Right to Sue.

However, this isn’t the case if you plan on suing under the Equal Pay Act. In fact, you wouldn’t have to file a charge at all. You can go directly to court with your lawsuit. Due to the varying approaches to seeking fair compensation, it’s important to fully understand your situation. Certain issues may even fall under multiple federal and state laws! This is why you should speak with an employment law lawyer if you believe there’s a reason to sue your employer.