The most common reasons for suing an employer are for discrimination, harassment or creating a hostile work environment. In each case, it is necessary to present strong evidence that the employer did not meet basic expectations of supervisory conduct.Know More
Lexis Nexis explains that just because employees think they have a valid reason for suing an employer does not necessarily mean they have a case in court. In order to successfully sue an employer, you must be able to prove that they engaged in illegal behavior. Employers are not required to treat employees kindly or follow traditional manners as long as they do not in any way violate the employee's personal rights. By agreeing to work for a company, employees may waive their right to sue over civil complaints, as long as no law is broken by their employer.
According to Nolo, wrongful termination is the most common reason employees sue their employers. In order to prove a wrongful termination case, employees must prove the employer is in violation of written or implied promises for continued employment. The matter becomes more complicated in states that allow employers to terminate employees without stating any reason, based on the concept of employment as a privilege and not a right.Learn more about Is This Illegal?
Federal law prohibits an employer from withholding an employee paycheck for any reason. The Society for Human Resource Management indicates the Fair Labor Standards Act requires employers to pay employee wages on the next regular payday for the previous pay period. Various states have different laws regarding when a terminated employee must receive his paycheck.Full Answer >
An employee or former employee usually cannot sue an employer for injuries sustained if that employer provides worker's compensation insurance, according to FindLaw. However, an employee can sue for wrongful denial or termination of worker's compensation benefits.Full Answer >
The amount that a person can sue for depends on the circumstances of the lawsuit. If suing in small claims court, the local jurisdiction has set laws regarding the amount one can sue for. Limits in district or state courts are much higher, says World Law Direct.Full Answer >
In most states, a person can sue someone else for falsely accusing them, according to The Law Firm of George H. Ramos Jr. In legal terms, falsely accusing someone of a crime is referred to as malicious prosecution.Full Answer >