What Happens When You Sue Your Employer?

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  • Опубликовано: 18 май 2024
  • In this video, I go through the process of suing your employer and what to expect at every stage of that process.
    Website: www.HonesLaw.com
    • Three Things That Make...
    Contents of video:
    0:00 Intro
    0:15 Not legal advice
    0:25 Do you have a case?
    1:39 Hiring a lawyer
    2:34 Investigation
    3:07 Demand letter
    4:17 Filing the lawsuit
    4:57 Motions
    5:43 Discovery
    6:51 Motions for Summary Judgment
    7:37 Mediation
    8:17 Trial
    9:07 Bottom line

Комментарии • 105

  • @TheAlreadytaken24
    @TheAlreadytaken24 11 месяцев назад +52

    What sucks is they pretty much want you to do all the work and everything for them and then they use fancy terminology and get paid just for that..

  • @brianskoi
    @brianskoi 11 месяцев назад +65

    Employment Attorneys do not, I repeat, do not take cases on a contingency basis unless they perhaps feel it is a slam dunk case.

    • @zahraawolowo6506
      @zahraawolowo6506 6 месяцев назад +6

      He said that already !!

    • @user-gu1yf3vx5v
      @user-gu1yf3vx5v 3 месяца назад +2

      is deceptive hiring especially after signing contract slam dunk?

    • @realdealastrology9
      @realdealastrology9 Месяц назад +3

      And I have a slam dunker!!!! No wonder TWO firms offered me retainer agreements!! MISREPRESENTATION AND RETALIATION, baby! Give me those damn millions and punish the hell out of this medical group and hospital system!!! Tons of money involved with entities like that.

  • @tsmith3522
    @tsmith3522 7 месяцев назад +12

    I've just asked an employee law firm to take my cases of sexual harassment, workplace violence, bullying, threats, and retaliation here in Florida. I have emails, text messages , and camera footage ( employer's cameras) of each case happening to me. I've filed complaints with HR through the Ethics hotline established by my employer and to no satisfaction for me because I am still experiencing retaliation from the management over me wnd from coworkers who expressed their opinions about what happened to me. I have asked the law firm I'm talking with to accept my case on a contingency basis because I don't have the $750 retainer fee that they are requiring first. I feel, that if they believe they have a case, as they said to me by email, why do they want money from me up front? The company we are sueing will eventually pay the lawyers fees and me too.

    • @tommy.t
      @tommy.t 5 месяцев назад +2

      Don't pay it! I ones paid a lawyer $700 for them to start the case and they called me back a few days later saying there is nothing they can do for me. My $700 went down the drain in a flash!

  • @theresahopkins8685
    @theresahopkins8685 Год назад +36

    I never get the help i need nobody wants to go up against these people even though they have been dead wrong.

    • @aaronclark7587
      @aaronclark7587 9 месяцев назад

      Hey my boss has made my wife have a mental break like she needs HELP we live and work at a hotel he takes my whole check my wife's overtime and now we owe him 4000 dollars and he's doing so much shit to my fucking family that my hands are tied and when I snap I'm going to soon it's because I went to the hospital because I thought killing myself would make my family have less stress so yea also he made here believe she broke a law and makes her think like that everyday so she doesn't leave

    • @jamestherealsirfishalotbuc9253
      @jamestherealsirfishalotbuc9253 8 месяцев назад +8

      Be like the rest of us, educate yourself and get it the hell done...

    • @belinhell
      @belinhell 4 месяца назад +10

      I fought like a lion to get the Dept of Human Rights to take my case and now have an atty…. Wish me luck the whole process is humiliating!

  • @mattmcmahon7415
    @mattmcmahon7415 8 месяцев назад +10

    Outstanding and well done video, for someone like myself who has no clue how the legal process works, this was spot on. Great job!

  • @Ooohmy
    @Ooohmy Год назад +18

    What about the EEOC? You need to start with them before you can even sue your employer. Then they give you the right to sue or take your case.

    • @edhones
      @edhones  Год назад +11

      Sometimes, but not always. It will depend on which state you are in and what kind of claim you are bringing. Talk to a lawyer.

    • @AnthonyManzio
      @AnthonyManzio 8 месяцев назад +2

      @@edhones I'm from Canada. What is your advice? Same here being bullied, mobbed, gaslighting, harassed at the hospital for over 12 years. I've happened to be the top worker for 38 years and have never been suspended. These bullies are jealous and miserable people. Union, manager, HR and the police are all totally useless. Bullies are lazy bums and stupid managers are scared of the bullies. They say about me I'm crazy, I drink, I'm a stalker all bs defamation of character. The biggest mistake since they removed disciplinary measures. They should arrest the bullies and fire the manager. Action speaks louder than nasty words. It destroyed my reputation. I will never quit to make these lazy bums ever win. If I decide to transfer to another hospital and may start mobbing me once again, I don't know all the new managers etc. like in every department like now. So best to not change hospitals. I will never let bullies try to control me from quitting. Never let these low life lazy bums ever win.[

  • @scab3045
    @scab3045 3 месяца назад +1

    Thank you for this information brother.

  • @megadwipayana5544
    @megadwipayana5544 4 месяца назад +4

    I win against my ex employer about 10 years ago i win because the company break the law and it harm me personaly and cause damage to my personal reputation ,, , of course i also have the prove and hired good lawyer to win it but it take lot of time and money ,,, that is my concern so if you not really have all of those dont do it just resign

  • @boyrva7335
    @boyrva7335 8 месяцев назад +6

    I got fired last Friday for reporting Harassment and discrimination.
    I need help I live in Virginia

    • @tsmith3522
      @tsmith3522 7 месяцев назад +2

      I'm not a lawyer, but I'm sure harassment and discrimination is against the law. Hopefully you have evidence to seal the case🎉 God bless 🙏

  • @ForeverYoungKickboxer
    @ForeverYoungKickboxer Год назад +6

    If you are in Pennsylvania and filing with the Pennsylvania Human Relations Commission and/or EEOC try mediation. It is free and you have a chance to settle before spending too much time waiting. The other side has an interest in settling before paying their attorney to respond to motions, depose witnesses, etc. As always, talk to your attorney, I'm not one.

    • @Huntersmokescrack
      @Huntersmokescrack 10 месяцев назад +2

      I am in PA and about to sue my old boss. I will not mediate because I want them to spend as money as possible before they have to pay me what they stole.

  • @helenewebster-sisk2407
    @helenewebster-sisk2407 3 месяца назад +1

    Very insightful and helpfu.l 👏

  • @stevenirizarry9427
    @stevenirizarry9427 7 месяцев назад +2

    Can I sue them for not paying time and a half for overtime in the state of Florida?

  • @jjg8605
    @jjg8605 3 месяца назад +2

    no choice, they owe me 212k in past wages and 1 million for criminal level harassment and blocking me from getting a job that pay on time

  • @alkarimshariff2720
    @alkarimshariff2720 5 месяцев назад +1

    ❤❤ i always watch your video now I have a question I got e mail that waiting on court to give a time and date for my wrongful dismissal
    What does tentatively examination means

  • @iyona14granturismogt6gtspo7
    @iyona14granturismogt6gtspo7 7 месяцев назад +2

    What about not being paid? Having a manager add an entire job on top of the one she is already doing without compensation.

  • @multijanni100
    @multijanni100 2 месяца назад +1

    Great video, again, A*, thanks ! What about burden of proof, does the employee have to prove wrongful termination ? And the level is preponderance of evidence ? Or does the employer need to prove they had a right to fire, and have preponderous of evidence for that, or maybe even a higher level of evidence is needed for termination ? Or something in-between, like prima facie evidence, and then the other side needs to disprove matters.

  • @ft.grantclan8555
    @ft.grantclan8555 Месяц назад +1

    Any advice for Florida residents/ workers? Thank you

  • @dmick9168
    @dmick9168 Месяц назад

    I work for an optometry office that is corporate owned. Corporate has given us clear instructions on over charging patients for lenses and features that are covered/or at a much lower cost on their insurance. I am wondering if this is considered theft by deception or fraud? Example: patient pays for a premium product- but in reality we produce a standard product- then give it to the patient. I have brought it up many times to my boss but it is always brushed aside.

  • @haleym.whitlatch9217
    @haleym.whitlatch9217 Год назад +1

    What wpuld ypu do and how would someone sue theyre employer for a 37 hour straught shift and like would it get taken is thst something you can sue your campany for asking for a significant other not myself

  • @sergejpanov5543
    @sergejpanov5543 3 месяца назад +1

    If it's on contingency basis, who pays the fees for other lawyer and defense team if your lawyer loses?

  • @alclsehsemf
    @alclsehsemf 7 месяцев назад +1

    I am an unionized employee. Can I hire a lawyer or get advices from?

  • @OscarGonzalez-zp5od
    @OscarGonzalez-zp5od 4 месяца назад +1

    I recently sued my employer for a back injury and was instantly terminated after the settlement. Can I file for unemployment while I’m in between jobs

  • @colororb4105
    @colororb4105 8 месяцев назад +4

    Is it normal to sue an employer for (most likely) breaking an law even when it doesn't result in being fired?
    My employer is pressuring me for the login credentials to my personal social media accounts. This request is IMO most likely illegal under the Nebraska Workplace Privacy Act, but it hasn't caused me to loose my job or any money. I do feel like I need to resign ASAP though.

    • @colororb4105
      @colororb4105 8 месяцев назад

      Nevermind, your next video answered my question!

  • @marlanabeasley1790
    @marlanabeasley1790 Год назад +2

    Great video

    • @edhones
      @edhones  8 месяцев назад

      Thanks!

  • @gregk2369
    @gregk2369 Год назад +5

    How about an injury from the jab. The corporate office approved my religious exemption and I could work remotely (I did during the pandemic). But local HR refused to accommodate me and sent me home for 2 months. They ignored all my email inquiries as to why until I contacted the ethics office and then I just got a phone call saying they were not going to accommodate me even though my manager and senior management 3 times sent a request up the chain saying that they wanted me working remotely and it would not impact operations.
    Finally I complied and was injured quite badly. The CDC VAERS system has acknowledged my injury but the employer refuses to to acknowledge or provide assistance with my medical bills and treatment. Do I have a case? EDIT: all this after mandates were ruled unconstitutional by the way
    EDIT 2: I live in WA state in Kitsap county

    • @ProSePlaintiff
      @ProSePlaintiff 11 месяцев назад +2

      Is there a religion that states vaccinations are immoral? If so, which religion?

    • @gregk2369
      @gregk2369 11 месяцев назад

      @@ProSePlaintiff Christian Scientist are usually allowed exemptions and have had laws passed in many states protecting them from mandates.
      Christians in general are opposed to fetal cells derived from abortions. Although I suspect you knew that as it was the basis of all the covid exemption requests...

  • @storminnormangunworks4911
    @storminnormangunworks4911 3 месяца назад

    Can you recommend a firm that specializes in TORT cases regarding Federal Government?

  • @NickRyanBayon
    @NickRyanBayon 8 месяцев назад +2

    How can i acquire proof of harassment & discrimination if where i live voice recording is illegal to use in court? I have various witnesses but no written or text documentation of these incidents?

    • @AshUkihime
      @AshUkihime 3 месяца назад

      Depends what state you're in.

  • @williyoko6716
    @williyoko6716 8 месяцев назад

    I've signed the released form when I quit my job 45 days ago and the employer told me that i will receive my last pay check on the next payroll which was the following Friday and my escrow of a $1000 in the next 30-40 days. I haven't received anything until today. he has been ignoring my calls and messages. should i consider suing him?

    • @AshUkihime
      @AshUkihime 3 месяца назад

      Small claims court for this

  • @greenmarine5
    @greenmarine5 3 месяца назад

    In laymen terms if you try to sue your employer for say... any type of discrimination, your work record better be absolutely spottles, never late, rarely call in sick, never go over on your breaks or lunches, be a good producer. In other words not have any excuse past or present for termination.

  • @terrance1675
    @terrance1675 Год назад +3

    What if you’re injured in the job a ladder 🪜 fell on me should I deal with a worker’s comp attorney 🤦🏽‍♂️

    • @edhones
      @edhones  8 месяцев назад +1

      Yes, workers comp.

  • @marcosgonzales123
    @marcosgonzales123 Месяц назад

    can you work at the job you sued (for work injury) north carolina

  • @rawtunes4094
    @rawtunes4094 7 месяцев назад

    can a manager get fired if they dont give you hr phone number

  • @cmritchie04
    @cmritchie04 Год назад +3

    What about leaving the employer out of the lawsuit and going after the supervisor? after all they don't care when you sue the employer it is not their money in the first place.

    • @edhones
      @edhones  8 месяцев назад +3

      The employer is usually the one with the money. But, some laws allow plaintiffs to sue the supervisor directly. It depends on the claim.

  • @paulmarion7578
    @paulmarion7578 3 месяца назад

    How about shorting the employee an hour and a half of overtime every week ? It may change every week a few minutes either way .

  • @sonilaselmani4622
    @sonilaselmani4622 5 месяцев назад

    Work 3hours i stay with pain survive in my neck my friends doing picture after poison go to my body i was close to death and after they call emergency when i talk with my lawyet i said i wanted personal injury but he talk with them and doing workplace to protect them i said sued company for negligence to let it me to work with pain surveys i said i can bring people who see me this day he said no bring nobody when i go to court i can change my lawyer and dont aspect what they offer i can cancell and taked another lawyer for injuries who protect me no them

  • @chiefskarz7140
    @chiefskarz7140 9 месяцев назад +1

    I live in India and under a contract with an INC in the USA; I got a heart attack followed by a surgery while I was working remotely from India.
    My employees has their operations in India too but did not bother to care about me n now does not want to pay my full salary. Can I file a lawsuit against my employer that is in the USA?

    • @chiefskarz7140
      @chiefskarz7140 9 месяцев назад

      I thought I would get a response, what happened sir??

  • @thingonathinginathing
    @thingonathinginathing Год назад +5

    What if my employer is not in compliance in multiple areas? Does that come down to a class action? Do I have to be fired, can I sue while still employed? Lol

    • @edhones
      @edhones  8 месяцев назад +1

      Usually, you have to be fired to have a case. If the company is violating several laws, then you can bring several claims for each violation.

    • @thingonathinginathing
      @thingonathinginathing 8 месяцев назад +1

      @edhones thanks my good sir. My company has been sued, and is very sue-able. They're a 3rd party "defense" contractor for TSA and violate many of the TSA's 3P compliances. Not to mention various local laws throughout the country. (They work at the major airports)

  • @amberreinhardt8425
    @amberreinhardt8425 Месяц назад

    I've been sexually assaulted n harassed. I went to every manager n they covered it up even lied to HR n sat in making sure I didn't talk. My boss is hostile towards me has been since day one. They thought I'd quit they underestimated me I've got recordings n text n notes I have witness too

  • @mustbeheard9834
    @mustbeheard9834 Месяц назад

    Suppose the defendant is silent and gives no response to the demand letter. It recently happened last week with a very large company. Why would they not respond or remain silent?? The injury is permanent per three doctors and I was fine before I started working, I also had heart problems due to the stress which I never had heart problems before. So why are they silent and didn't respond to the demand letter??!

  • @JG-kp8kb
    @JG-kp8kb Год назад +1

    What about retaliation for being a witness in an investigation?

    • @edhones
      @edhones  8 месяцев назад +3

      That's probably an actionable legal claim. Talk to a lawyer.

  • @nicholaemarciano792
    @nicholaemarciano792 4 месяца назад +1

    Can I sue if I resigned but did not receive my PTO on my final paychec. I'm in NYC

    • @AshUkihime
      @AshUkihime 3 месяца назад

      Small claims court for this

  • @iloveoldschool888
    @iloveoldschool888 Год назад +2

    Can you request a right-to-sue letter anytime after the investigation?

    • @edhones
      @edhones  8 месяцев назад +3

      EEOC provides right-to-sue letters. Certain states, like Washington state, do not require that process for state claims.

    • @iloveoldschool888
      @iloveoldschool888 4 месяца назад

      ​@edhones I received one but EEOC claims that I didn't have a case for them to file but they did give me a right to sue letter. Nothing happened. I couldn't get a lawyer. That job had a lot of connections, many of lawyers that knew each other. It was a childcare center at a church but many members had money. My name was slandered and when I spoke out I was retaliated against and later fired.

  • @joe24andrews2
    @joe24andrews2 Год назад +2

    Is manipulating my hours I’ve worked to not pay me OT a justiciable reason?

    • @edhones
      @edhones  8 месяцев назад +1

      Sounds like wage theft. Talk to a lawyer.

  • @Bluevelvet4
    @Bluevelvet4 Год назад +3

    Ty for advice ❤

    • @edhones
      @edhones  Год назад +3

      You're so welcome!

  • @ericsmith6901
    @ericsmith6901 2 месяца назад

    Ed Hones...can you do a video on how to overcome an employer's reason for terminating an employee, when the reason is a lie to protect itself from the real reason they terminated against you, such as being treated differently and more adverse than another gender?

  • @coffeepeachesplans
    @coffeepeachesplans Год назад +2

    What if you already pay your lawyers to do it and they fail to for you

    • @edhones
      @edhones  8 месяцев назад +1

      Claims do not always work out.

    • @coffeepeachesplans
      @coffeepeachesplans 8 месяцев назад

      @@edhones some have to by law though

  • @thezombiegamer4208
    @thezombiegamer4208 5 месяцев назад

    Yeah I need to know about this I worked at jimmy johns in Alton area and my job didn't pay me for my hard work because we had a shitty manager and he didn't pay me for my shifts and I'm wanting to sue him because if I go in he automatically try to kick me outta the store before I even have a chat with him so how am I suppose to ask about my check if he ask. I need to call corporate because I need to talk to them about my check, but if I don't get paid I def know I'm suing because I'm not a slave and I don't fucking work for free!

  • @jamesjohnson2469
    @jamesjohnson2469 3 месяца назад +1

    Good luck even finding an attorney to represent you. Even if you have a legal claim if they can't make a boat load of money easy you are SOL. Most will refuse you. Grifters and Greedy. They won't make enough money your case is irrelevant and too much work. Call the bar and they will not recommend any attorney unless you have $250 or more an hour to pay. You will get 211 number. Good luck.

  • @sonilaselmani4622
    @sonilaselmani4622 5 месяцев назад

    Hi I want to asked something I hire one lawyer but he no protect me he protect Walmart company I hire him for personal injury he change for workplace last year black widow spider my menager said go to

  • @lillykaty2375
    @lillykaty2375 6 месяцев назад

    What if someone sues an employer, but they never worked for them.

  • @Knight_Owl_3
    @Knight_Owl_3 Год назад +8

    I've talked to a lawyer about suing an old employer, and they took the case. I haven't heard from them since I've given them my case information a month or two ago...
    Is it normal to not hear back from them until they reach a first settlement agreement?

    • @AlexN5597
      @AlexN5597 Год назад +3

      You should be able to call them and get an update. Friend of mine did the same thing. They really didn't give him alot of updates once they got all the info they needed from him.

    • @lucasasselmeier7825
      @lucasasselmeier7825 Год назад +2

      The more contact, the more time wasted/cost. It makes sense for a lawyer to use limited resources, it’s just a natural part of business. It’s also good if they charge by the hour

    • @erinwebster3301
      @erinwebster3301 10 месяцев назад +1

      u dont have a lot of time to file w thr eeoc or sue so I'd follow up to ensure your rights are preserved.

    • @edhones
      @edhones  8 месяцев назад +1

      You should call the lawyer and check up on your case.

  • @Yoyoyosupdawg
    @Yoyoyosupdawg 4 месяца назад +3

    I was terminated for absolutely bogus fabricated claims that HR used as an excuse.
    Was a toxic place, I'm honestly glad I'm moving on, but what they did was not right, so I'm seeking legal council.
    My best theory of why this HR guy I never met before seemed to have beef with me is that I'm quite an attractive guy, he was the 1 other guy in the building, all the other employees were women, and best guess is this guy was jealous and felt threatened like an old alpha wolf meeting the young blood, only thing that makes sense, but I don't think he knew I'm engaged.

  • @musicunderground6324
    @musicunderground6324 18 дней назад

    i wish this video covered in mandatory arbitration in the process

  • @thegreatfallingaway
    @thegreatfallingaway 8 дней назад

    The most important thing to remember about attorneys is THEY'RE ALL LIARS!
    Never trust an attorney, even if they're yours!

  • @Spectre2434
    @Spectre2434 Год назад +3

    👍👍

  • @mariavalentina6217
    @mariavalentina6217 Год назад

    What about if you got electrocuted?

  • @momyour69
    @momyour69 Год назад +2

    Wait lawyers don't prepare you for deposition That's not accurate

    • @carlosbonmarist
      @carlosbonmarist Год назад +2

      preparation isn’t the same as coaching. yes they do

    • @momyour69
      @momyour69 Год назад

      @@carlosbonmarist uh huh

    • @edhones
      @edhones  8 месяцев назад +2

      Good lawyers do prepare you for deposition. Lawyers cannot coach your depo, but they can certainly prepare you for it.

  • @amberreinhardt8425
    @amberreinhardt8425 Месяц назад

    I'm beyond a demand letter I want no less than a million or more of possible. I'm emotionally drained n damaged I'm angry I don't want to live im angry at my wife it's destroying my life

    • @DeniseCollins-in9wi
      @DeniseCollins-in9wi Месяц назад

      I’m sorry you have to go through that. I currently going through the same. It’s been almost 2 years and it still has control on my life. I hope Justice is served.

  • @HostofNeverStopPodcast
    @HostofNeverStopPodcast 3 месяца назад

    I appreciate this. I’m suing DC govt for violating my whistleblower rights after cooperating with investigation. It’s all documented. My FMLA and policies in their DPM. They’ve retaliated against me horribly and it’s all documented. I’m a 23 yr employee, never been written up and still currently working for them.

  • @josephscott1952
    @josephscott1952 2 месяца назад

    The EEOC is a big freakin joke!!!!!!😡
    They dont help employees

  • @andre1987eph
    @andre1987eph 14 дней назад

    You lose.
    Thats what happens.