Can I Sue My Employer?

In the workplace, employees are entitled to a safe, respectful environment free from discrimination, harassment, and unfair treatment. 

While many employers aim to foster a positive atmosphere for their workers, disputes and legal issues can arise. If you're facing an issue at work, you may wonder, "Can I sue my employer?"

The answer isn't always straightforward, as there are many factors to consider. 

For instance, consider termination. There are plenty of legitimate reasons that a former employer may have released you. At the same time, there are also many illegitimate reasons that they may have released you. If your former employer treated you inappropriately or unfairly, you may have a valid reason to file a lawsuit.

However, a lawsuit isn’t the type of action you should undertake on a whim. Before filing a lawsuit against a prior employer, you should consult with an experienced employment attorney who understands the law and can explain your options. 

At Morgan & Morgan, we take workers’ rights seriously and fight for justice when those rights are violated. Contact us today for a free case evaluation to learn more about your legal options.

Understanding Employee Rights

Before diving into the specifics of suing an employer, it's essential to understand the basic rights that protect employees in the workplace. Several federal and state laws govern employee protections, including:

• The Fair Labor Standards Act (FLSA): This law regulates minimum wage, overtime pay, and child labor laws. It ensures that employees are compensated fairly for their work.
• Title VII of the Civil Rights Act of 1964: This law prohibits discrimination based on race, color, religion, sex, or national origin. It protects employees from discriminatory practices in hiring, firing, promotions, and compensation.
• The Americans with Disabilities Act (ADA): This law prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations to enable employees to perform their job duties.
• The Family and Medical Leave Act (FMLA): This allows eligible employees to take unpaid leave for family or medical reasons, including childbirth, adoption, or caring for a sick family member.
• State Laws: In addition to federal protections, each state has its own set of laws that may offer additional protections or rights for workers. For example, California has strong protections against wrongful termination and employee privacy violations.

If your employer violates any of these laws, you may have the legal grounds to pursue a lawsuit. However, it’s crucial to determine the specific nature of the violation and what legal options are available.

Common Reasons Employees Sue Their Employers

There are several reasons an employee might decide to take legal action against their employer. Some common scenarios include:

Wrongful Termination

Wrongful termination refers to being fired from your job for illegal reasons, including discrimination, retaliation, or violation of employment contracts. If you're terminated in violation of an employment agreement or a protected right, you may have grounds to sue.

For example, if you are fired for taking legally protected leave, such as FMLA leave or if you're dismissed due to your race, gender, religion, or any other protected category under Title VII, these may be grounds for a wrongful termination claim.

In some cases, employees can also sue for wrongful termination if they were fired in violation of a public policy, like refusing to engage in illegal activities.

Discrimination

Discrimination in the workplace is illegal, and employees who face discriminatory treatment based on their race, gender, sexual orientation, religion, age, disability, or other protected characteristics may have grounds to sue.

Some examples of workplace discrimination include:

• A manager making comments or decisions based on your gender or race.
• Denying a promotion based on your religion or age.
• Failing to provide reasonable accommodations for an employee with a disability.

The Equal Employment Opportunity Commission (EEOC) enforces discrimination laws, and if you believe you've been discriminated against, you can file a complaint with them before pursuing a lawsuit.

Harassment

Workplace harassment is any unwelcome behavior that creates a hostile or offensive work environment. It can include verbal abuse, bullying, inappropriate comments, physical conduct, or sexual advances.

There are two primary types of harassment:

• Sexual harassment: This includes unwanted sexual advances or comments, as well as a work environment that is sexually charged or uncomfortable.
• Hostile work environment harassment: This can involve repeated actions or behavior that negatively impact your ability to perform your job, such as bullying, racial slurs, or other discriminatory practices.

Employees who face harassment have the right to file complaints with their employer or the EEOC, and in some cases, may pursue a lawsuit.

Retaliation

If you file a complaint about unlawful practices such as discrimination, harassment, or unsafe working conditions, your employer is prohibited from retaliating against you. Retaliation can include firing, demoting, or disciplining you for asserting your legal rights.

If you can prove that your employer retaliated against you for reporting misconduct or exercising your legal rights, you may have a case for retaliation.

Wage and Hour Disputes

Employees who are not paid fairly for their work may have grounds to sue their employer for violating wage laws. Common wage and hour disputes include:

• Not receiving minimum wage.
• Not being paid overtime for hours worked over 40 in a week.
• Employers misclassifying employees as exempt to avoid paying overtime.

If your employer refuses to pay you for work performed, you may have the right to pursue a lawsuit to recover unpaid wages.

Breach of Contract

If you have a written employment contract, either with your employer or through a union, and your employer violates the terms of the contract, you may be able to sue for breach of contract. This could include not paying agreed-upon wages or benefits, failing to follow procedures for termination, or other violations of the agreement.

Steps to Take Before Suing Your Employer

If you believe you have a case against your employer, taking the following steps can help strengthen your case:

1. Document Everything

Start by documenting any incidents or actions that led to your belief that your employer violated your rights. This can include:

• Dates, times, and descriptions of discriminatory behavior or harassment.
• Written communications, such as emails, that demonstrate wrongdoing.
• Notes on any conversations or meetings with your employer regarding the issue.

Detailed documentation will be critical if you decide to pursue a lawsuit.

2. Follow Your Employer's Internal Procedures

Before filing a lawsuit, check your employer's policies to see if there are any internal grievance procedures you must follow. Most companies have a process for resolving workplace disputes, which may involve filing a formal complaint with human resources.

In some cases, going through the internal process can lead to a resolution without needing to go to court. However, failing to follow these procedures could hurt your case if it eventually goes to court.

3. File a Complaint With the EEOC or Relevant Agency

For discrimination, harassment, or retaliation cases, you must first file a complaint with the EEOC or the relevant state agency before suing. The agency will investigate your complaint and, if warranted, issue a "right to sue" letter, allowing you to file a lawsuit.

4. Contact Morgan & Morgan

Employment law can be complex, and pursuing a lawsuit against your employer can be daunting. Consulting with an experienced employment attorney will help you understand your legal options and the best course of action. An attorney will also help you assess the strength of your case, identify potential damages, and guide you through the legal process.

What to Expect in an Employment Lawsuit

Once you've filed a lawsuit against your employer, the process can take time and effort. Here are the typical stages:

• Filing the Complaint: Your attorney will file a complaint in court that outlines the claims you're making against your employer.
• Discovery: Both sides will exchange information, including documents, emails, and depositions, to build their case.
• Settlement Negotiations: Many employment cases are resolved through settlement negotiations. If both sides agree to settle, you may receive a financial payout or other remedies.
• Trial: If the case doesn't settle, it will go to trial, where both sides will present evidence. The judge or jury will then decide the outcome.
  
   

Potential Damages in Employment Lawsuits

If you win your case, there are several types of damages you may be entitled to:

• Compensatory damages: These are meant to compensate you for losses, such as lost wages, emotional distress, or medical expenses.
• Punitive damages: These may be awarded in cases where your employer's conduct was particularly egregious or malicious.
• Attorney's fees: In some cases, your employer may be required to pay your legal fees if you win the lawsuit.
• Reinstatement or promotion: If your case involves wrongful termination, a court may order your employer to reinstate you to your position or offer a promotion.
  
   

Can I Sue My Manager Personally?

Yes, it is possible to sue your manager personally. However, this will depend on the specifics of the lawsuit. In some situations, suing your manager personally is impossible, even if they broke labor and employment laws. Other times, you may be able to hold them personally liable for their conduct.

Below are common reasons you may be eligible for a lawsuit against your manager:

Employee Discrimination

In most states, you can sue a manager for discriminating against you at work. But, again, this depends on the unique circumstances of your case. 

For example, cases such as sexual discrimination can lead to individual lawsuits against a manager. 

Discriminatory Interview Questions

Some questions are considered inappropriate, especially when asked during a job interview. However, some potential employers ask some of these questions out of good faith, not necessarily to discriminate against the job seeker. That said, some recruiters know that they might get away with asking some of these questions if they play their cards right.

For this reason, speaking with an experienced labor and employment attorney is the best way to find out whether the potential employer discriminated against you when they asked a particular question. But, of course, this will largely depend on the circumstances of your case.

Here are some examples of interview questions that could be considered discriminatory:

• Do you have children?
• If so, how old are they?
• If you do not have children, do you plan on having them when you get hired?
• How do you identify sexually? Are you gay, straight, or anything else?
• Do you have a disability?
• If you have a disability, could you briefly describe it?

Unfair Dismissal

All US states, except Montana, are at-will employment states. This means that employers have the right to hire and fire you as long as they do it legally. In other words, even though the employer can hire and fire you as they wish, their actions cannot derive from unlawful practices such as employee discrimination. 

For instance, suppose you got fired for raising the alarm in the workplace about certain violations, such as unpaid wages or child labor. In that case, you may be able to sue your manager personally if they fire you.

However, for this to work, you must be able to prove that you were fired because you participated in protected activities in the workplace. If you can prove that, you will have a higher chance of winning the case against the employer.

Protected Activities in the Workplace

Below are some common examples of such activities per the Equal Employment Opportunity Commission (EEOC).

• Complaining about unfair payment: For example, take a situation where a female worker finds out that she's being paid lower wages than her colleagues in their position, even though she is equally qualified or even more qualified. If they decide to raise these concerns with their employer but end up losing their job instead, this could be a case of discrimination based on gender, which also doubles up as a protected activity.
• Requesting accommodation for disability: Disabled individuals have a right to request reasonable accommodations for their disabilities without being punished by their employer.
  Advocating for the rights of other employees: When you realize that your employer has been violating the rights of other employees and you chose to intervene on their behalf, the manager should not retaliate against you.
• Failure to obey unlawful orders: The same applies if you refuse to obey illegal orders. For instance, to cut down operation costs, your manager orders you to hire only underage workers because they will earn less than adult workers. If you refuse to obey such orders and you get fired as a result, you may have a valid case against the manager.
• Providing information about the employer's conduct: If investigators contact you to request certain information about your employer and you agree to provide the information, this counts as participating in a protected activity. As a result, you can sue your manager personally if they fire you for providing such information to investigators.

Morgan & Morgan Can Help

Suing your employer is a serious decision, and it's important to understand your legal rights and the processes involved. If you've been mistreated at work or believe your employer has violated your rights, you may have grounds to take legal action.

The steps you take before filing a lawsuit, including documenting your claims, following internal procedures, and seeking legal counsel, can greatly impact the outcome of your case. If you believe you have a valid claim, contact Morgan & Morgan today for a free case evaluation.