When Are You Legally Able to Sue Your Employer Under Current Employment Law?
You may not realize this, but federal rules determine how and when you can legally file suit against your employer. For this reason, always consult an attorney who specializes in employment law if you think you may have a case. Here are just a few examples of things you can sue your employer for:
- Discrimination (i.e., your employer pays women less than men who have identical educational backgrounds, job titles, and work experience/skill levels)
- Harassment (either sexual in nature or otherwise singling out individuals in a protected class, such as those with disabilities)
- Wage and hour theft (i.e., making you clock out before cleaning up and closing, or work late regularly without overtime)
- Wrongful termination (i.e., firing you for filing an OSHA safety complaint or workers’ compensation claim)
- Hostile work environment (i.e., constant unwanted behavior in your workplace routinely interferes with your ability to perform your job duties)
However, you must go through all proper steps and channels prior to filing suit against your current or former employer. Only an employment law attorney understands whether you have a claim and how to advise you on potential next steps.
Here’s an example: Let’s say your employer fires you while you’re out on maternity leave. This seems like a textbook case of workplace discrimination, right? However, you must always file a complaint with the Equal Employment Opportunity Commission (EEOC) first. That’s why it’s so vital to consult an employment law attorney as soon as possible about your potential claim!