Reasons Why Your Employment Claim May Not Qualify

October 12, 2021by Lori Polemenakos

Wondering why LegalASAP’s free evaluation determined your employment claim didn’t qualify for compensation or legal assistance? It’s likely because of one or more of the answers you gave us that determined you’re not eligible. Learn the most common reasons why your employment claim might not qualify, even though you think it should, below.

Reason #1: The Deadline to File Your Employment Claim Already Passed

Every state has a specific law (the “statute of limitations”) that sets a deadline for filing your employment claim. According to the Equal Employment Opportunity Commission (EEOC), you have just six months to file a discrimination claim, for example. Based on the answers you gave LegalASAP, unfortunately, you already missed your window to file your claim. Once that deadline passes, legally, there’s nothing we or anyone else can do to help you.

Reason #2: You Already Have a Lawyer Representing Your Employment Claim

Some people who already secured legal representation request a free claim evaluation from LegalASAP. While we understand you may want a second opinion or plan to fire your current attorney, LegalASAP cannot help you do that. This is because you likely signed a retainer and fee agreement with the current lawyer handling your employment claim. Those documents are contracts, and we aren’t willing to break those just to review your case. We’re sorry, but our network of attorneys cannot provide you with a free employment claim review at this time.

Reason #3: You Still Work for Your Employer

This is a thorny issue, but if you still work for the same business you want to sue, LegalASAP cannot help you. Why? It’s mostly down to the fact that it’s hard to prove you suffered any damages if you still work there. In most cases, a valid employment claim involves people fired for illegal reasons, according to federal law. Others involve wage and hour theft issues or employees intentionally misclassified as contractors to avoid paying those workers benefits.

Reason #4: You Work for a Sole Proprietorship/Your Employer Has 1-5 Total Employees

Basically, you cannot file an employment claim against yourself or an immediate family member seeking compensation for a workplace violation. In addition, if you work for a small, family- owned business, then federal protections may not apply to your employment claim. It’s unfortunate, and we don’t enjoy rejecting your employment claim for this specific reason. But LegalASAP cannot provide legal assistance in cases where federal laws don’t offer those protections because of your employer.

Reason #5: We Cannot Match You With Any Employment Lawyers Nearby or At This Time

Maybe we simply don’t have any employment lawyers in the LegalASAP network near your ZIP code. It’s also possible that you live in a rural or sparsely populated area, so few (if any) lawyers are close by. In other words, it’s not your employment claim that didn’t qualify — we just don’t have anyone who can help you. That said, we know you still need help, so here’s what you can do right now:

  1. Review the EEOC’s requirements for filing a lawsuit against your employer. You may not know that there’s a federal agency overseeing most allegations of illegal behavior by employers against their employees. This agency’s sole job is to determine whether you can sue, how soon you must file your employment claim, etc. You’ll also find specific steps you must follow before you can sue; this is a good place to start.
  2. If your employment claim is for retaliation, check the Department of Labor’s website for next steps. You’ll find links to contact the right agency (i.e., OSHA, Wage and Hour Division) in your state. Then, report anything you believe relates to your employment claim, such as wage or overtime theft, workplace safety issues, contract compliance violations, etc.

Ready to see if you may qualify? Complete your free online employment case evaluation now!

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Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.

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