Employment lawsuits are cases against employers and businesses concerning the infringement of an employee’s rights. Deciding to file an employment lawsuit can be scary, challenging, and overwhelming, but an employment lawyer can help you get through it. Some employers and their legal teams are good at avoiding responsibility for their actions, but employment lawyers know how to represent employees’ interests while protecting them from further suffering. Find out more about the employment lawsuits that occur most often.
Wrongful termination or discrimination
Most employment lawsuits filed against employers revolve around wrongful termination, discrimination, harassment, and retaliation. But the federal antidiscrimination laws protect workers from such acts. They include:
- The pregnancy discrimination act prevents employers from discriminating against a woman due to pregnancy.
- The equal pay act means that men and women should be paid equally if they perform equal work in the same workplace.
- Title VII of the civil rights act restricts employers from discriminating against workers based on race, sex, color, religion, and national origin.
- Age discrimination in the employment act prevents employers from discriminating against workers of age 40years and above based on their age.
Both federal and state laws apply in employment lawsuits to protect workers, and employment lawyers can help you navigate the complexities of employment lawsuits.
Wage law violations
If you’re an employee, you can sue an employer for violating a local, state, or federal wage law. It is the responsibility of the Federal Labor Standards Act to set the federal minimum wage. It has created two categories of workers: exempt and non-exempt. Non-exempt employees are eligible for overtime payments while non-exempt ones are not. Note that even states and municipalities have enacted their own laws concerning wage law and overtime pay.
Wage law lawsuits are primarily based on a claim that the employer failed to pay the worker their minimum wage or overtime pay. An employee may also claim that the employer failed to pay them overtime by misclassifying them as independent contractors when they are not. Such lawsuits are not covered by insurance; therefore, they are specifically excluded under various employment practices.
Breach of contract
Another common employment lawsuit is a claim on breach of contract. An employer breaches a contract when they fail to comply with the terms in the contract. For instance, knight frank, a plumbing contractor, enters into a contract agreement with a building company. In the agreement, knight frank agrees to install the plumbing system for a building that the building company is constructing. If Knight fails to do any plumbing work on the project, the building company can sue him for breach of contract. Breach of contract lawsuits are widespread in employment lawsuits.
Torts
A tort refers to a violation of one’s civil rights. Negligence torts and intentional torts are the two types that can lead to lawsuits against an employer or company. For instance, negligence on the employer’s part can lead to an accident that injures the employee. So the employee can sue the employer for personal injury in the place of work due to negligence. Intentional torts include wrongful evictions and false arrests.
The takeaway
Employment lawsuits can be complicated, so it’s best to work with an employment attorney.
