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Here’s how to file a lawsuit against employer for unfair treatment.
If you’ve been mistreated at work, you may be entitled to sue your employer.
First, what is unfair treatment in the workplace?
Unfair treatment can mean many things. Here are a few of the most common ways employees are often treated unfairly in the workplace.
Discrimination
This is unfair treatment based on a protected class of characteristics (age, gender, marital status, sexual orientation, religious belief, national origin, pregnancy, genetic information, race, disability).
Sexual Harassment
Sexual harassment is a form of sex-based discrimination. These can include unwanted sexual advances, quid pro quo, sexual favors, physical or verbal conduct that is sexual in nature.
Retaliation
Retaliation is the most commonly alleged type of discrimination. Some common claims include retaliation against an employee for complaining of discrimination, for fighting against sexual harassment, whistle-blowing, being a witness in another employee’s harassment case, requesting accommodation for religion or disability, asking coworkers about salary, or protecting others from sexual advances to name a few. Retaliation could include being verbally or physically abused, being transferred to a less desirable department or position, being give less desirable hours, a low performance evaluation, increased work difficulty, and/or increased workplace scrutiny.
Unfair Wages
The Equal Pay Act requires that male and female employees be paid and compensated equally for equal work. This is determined by the content of the job and not the title of the job. Men and women must be compensated the same for equal work. A few examples of the various forms of compensation taken into account when determined fair pay include: vacation pay, salary, overtime pay, bonuses, bonus plans, stock options, travel expenses, hotel accommodations, and other benefits.
Luckily, there are many legal protections for employees who faced unfair treatment in the workplace. State and federal laws prohibit may types of unfair workplace treatment. Employers who discriminate, harass, or retaliate may be sued for treating their employees unfairly. Employees who proceed with legal action and sue their employers for unfair treatment in the workplace may be entitled to compensation.
The first step to filing a lawsuit against an employer for unfair treatment is to speak to an employment rights attorney about your case.
The second step, if advised by your attorney, is to start keeping records of the mistreatment. Where were you when it happened, what time was it, what was said or done to you and by who, and were there witnesses? Are these witnesses willing to back up your version of events? Will they provide written statements confirming your version of events?
Did you file a complaint with your company’s human resources department? Did they follow through with an investigation? Was the investigation inadequate? What happened to the individuals involved in the case? Was the victim retaliated against? Was the alleged perpetrator fired, moved to a different department or given retraining?
For more information about filing a lawsuit against your employer for unfair treatment in the workplace, send us a message or fill out the free case evaluation below.
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