Suing Your Employer? You Just Need One Good Claim
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- Опубликовано: 24 июл 2024
- Perhaps there’s new management that likes to make fun of your age. Or maybe you’re asked to break the law. There may suddenly be a new, creeping feeling of discrimination against you. Whatever your specific case, going into work is now something you dread.
One option is suing your employer. Even though you might have several causes of action, you may not feel very hopeful that litigation will be worth the time and emotional toll. You’re also afraid that your employer will successfully defend itself against most of your legal claims.
But one thing to keep in mind in an employment lawsuit is that it only takes a judge or jury to find in your favor on one claim to obtain the justice or recognition you deserve. A recent employment lawsuit from Oregon resulting in a $2.4 million jury award proves just that.
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I was fired from my job due to not being able to show up to a shift due to my bf working (they were warned 4 days b4 the schedule was made) they were aware that I have been looking for another job due to them breaking labor Code 351 in Kentucky and not giving me my tips that I worked for (I live off of those due to the fact that they refuse to pay enough to live off of bc I make tips) so I needed a better paying job due to the theft that has been going on, the company threatens to write workers up for not showing up on scheduled days off when needed basically giving ultimatums such as you can come in on Saturday (scheduled off) or work a double on Sunday (830 am to 11 pm) among many other things such as not respecting illness that a doctor's note has been acquired for to being forced to work in 109 degree store that they only fixed because the health inspector shut us down until they got the ac fixed (which they didn't shut the store down on multiple occasions when told to by the health inspector, telling the on duty General manager to open the store back up as soon as they were gone) I'm not as concerned about the store itself since I was let go (I believe due to my resistance to the illegal actions that have been taking place) I'm mostly concerned about the tips that were put in a tip pool without my consent and given to cooks and managers who make a considerable amount more than me due to the fact that they're not supposed to be making tips, do you believe that If I took legal action I could get compensated
I was forced into a position at my job, that I recently walked out on, because they couldn't find someone else to hire. After asking for a raise which I was denied, i asked to be taken off the shift which was denied. A month later I got my first ticket while driving. 4 months later still driving so I walked and was let go under job abandonment. Also my boss told me he once forged my signature, I don't have proof of the admission but I know it was a safety form. Also Nov of last year I worked a month straight, no days off because we were down to 2 in a crew of 4. Once they hired 2 new guys, I was subjected to using/wasting my week vacation as a resting period, where I got sick and was then fired but then rehired, and my former boss was later demoted. Last week I walked away, yesterday someone egged my car which hadn't happened the 3 years I was working. How strong is my case? I got plenty more
Oh, boy. Sounds like a mess. Too much to unpack here. But I, while this sounds like a toxic workplace, it don't see anything obviously illegal going on. Egging your car certainly. That action would be against whoever did that, not your workplace. Still, if you have more, worth sitting down to talk to an attorney. I'd start looking at nela.org and avvo.com. Good luck! Sorry you're having to put up with this behavior.
What to do if a company forces you to do something against your will after making prior complaint about the discomfort and work place safety? I have record of the conversation and my employer showing I was forced to do the male employees were not forced or asked. I hope this holds up because I have a manager who constantly singles me out in front of everyone for the smallest things and I have to keep a smile and keep working.
Yes, definitely worth consulting with an attorney. This could be sex-based discrimination under Title VII of the Civil Rights Act. Good luck and keep that smile on!
Hi I'm not a Lawyer but going to school for Criminal justice. I want to say that what I would do in a situation such as yours is document everything. The more evidence you have the stronger your case. Also, sounds like you should go to the EEOC commission and file a discrimination suit against said company. And Good luck 🤞
@@Spigglelaw can you still be discriminate no matter you and your employer the same color and sex and you done complain and they aware of it and also involves in mistreated you because you spoke up on the mistreated and being retaliate on
I am a security officer contracted to work and secure a hospital. I've only been there for 2 weeks, I've been discriminated by the nurses, bullied, yelled at for no reason, called a racist term and also discriminated by nurses saying "why is a asian man a security officer? He should be a doctor or a surgeon." I was also assaulted the next week by another nurse. She attacked me and missed my face but hit my hand and knocked out my phone. Super sad experience vs nurses. The next day, the hospital kicked me out of the site and TOLD ME not to come back. I did NOTHING wrong. Im suing for discrimination, emotional, physical, mental, punitive and so much more. Felt like working from hell. These nurses are something i swear.. no one at work will step up but I will. Im not scare of these people. Oh yea, I was harassed by the operator and other nurses too after I WAS HIT by a surgical nurse. SMH. The world is twisted. Do I have a great case? Trying to sue for millions.
What to do if my girlfriend was baker acted because someone she worked with inappropriately did things to her and was scared to report to management or hr??
If you live in an at will state, it’s even harder to sue a company because you can be fired anytime for no reason at all…
Yes, in an at-will state, which almost all states are, a company can fire you for any LEGAL reason. However, if a company violates the law it can be successfully sued, even in an at-will state.
Trick is if fires right after something happens. Especially whistle blower items.
@@Spigglelaw hi, was recently forced to resign for a tx based employer without given a reason after 10 months of employment. not only that, but they also demanded me to pay back the full amount of sign-on bonus & relocation allowance per the offer letter. i'd like to investigate the legitimacy of repayment & force of resignation & would truly appreciate your input!
I live in California. My employer denied me workers compensation for a back injury 2 years ago and i never recieved adequate medical care. Then this January my back blew all the way out at work and it required surgery. Can i sue my boss for negligence when he knew my back was in bad shape but still made me work without medical care
At this time I'm fighting a worker compensation case but if insurance company denied my case and I get zero money from it can I sue my employer for violating California safety practices that causes my cancer and aslo for refusing to giving me my position back because of my cancer.
I know this video is kinda old now, but I have a question? I wanted to know if I had a case. I am two weeks into a position at an airline and during the onboarding process for this position, I was emailed from another recruiter for an interview for another position that was more suited to my background. I told my current manager about the interview and she suggested I go speak to the manager over that department. I went to speak to him and he first said I couldnt transfer to another dept without doing 6 months in my current role, and when I told him that I applied to this new role before I was hired for my current role, he said they are looking for someone with at least a year's worth of experience in the role that I am currently in, even though the job description doesnt say anything about needing this type of experience at all. Ive looked up other people in this role, and they also dont have the experience that he said they are looking for. He reached out to the recruiter that initially tried to setup an interview with me, and today they sent me a denial email stating that I needed to be in my role for at least 6 months in order to be considered for this new role. I want to wait until they fill the position to find out if the new person has a year of experience in my role, but meanwhile, do you think I have a case?
I work construction I have photos of coworkers not wearing hard hats on site do I have grounds for a claim?
after sixteen years of good reviews a newly appointed manager lied on my end of year work evaluation, can you recommend a lawyer in nashville tn. Maybe I dont have a case.
Can i sue my employer for telling me that i have to shave my head or at least make it super short where its off my forehead when i am a house keeper "cleaning rooms ect." or house man "grounds keeper"?
I was a temp thru a temp agency for a fedex. I was within my 90days yet the job had me train 6 sitdown Forklifters although I WASN'T SUPPOSE TO. I also gave them multiple safety tips they implemented in their safe training for future employees. Once it was time to hire me in they fired me and now I can't get a response for any work. CAN I SUE ?
You'd need to talk to a lawyer to have him or her dig in to really answer you question. I will say that, based on what you have written here, I see examples of a company acting badly, but not necessarily illegally. Perhaps you could argue that they fired you for raising safety concerns, which could be illegal under federal and some state laws. Here a video I did on how to find an attorney for your case. Good luck! ruclips.net/video/vCmDFyxkqwQ/видео.html
Can I sue for mold in an AC for months and refusal to fix it, also threatening my job, no pay for Over a month, and harsh working conditions
Hello, What about an insurance company that made you sign a document that you will not sue them? I was forced to quit when I raised concerns about being forced to work as a salary employee when I was hourly. My boss and her boss sat with me on a call and literally bullied me saying i will get fired before even talking to HR. I have proof and documents but again they made us sign this form saying we can not sue and continue to work there was agreen with it if we didnt. Any direction will be appreciated.
Why would you ever sign anything they give you without taking a few days to review it?
You can certainly talk to an attorney about this, but it is VERY difficult to void one of these agreements absent significant and explicit threats against you. If that happened here, or if they tricked you into signing you may have an argument to make that the agreement is not a valid one.
If your boss changes your work schedule from eight hours a day to a 12 hour schedule, and says at that meeting by going to 12 hours you will no longer have mandatory overtime. And then a year later starts making you work mandatory overtime, and says if you don’t work it we will take sick time from you. Can he legally do that?
It strikes me that threatening to take sick time you could be unlawful. I'd suggest finding a lawyer in your state who represents employees. www.nela.org can be a good place to start. Avvo.com is also a good resource. You'll want to ask about your rights under the Fair Labor Standards Act, as well as your rights under an similar state law. Good luck!
Hi I work at lowes, I went on leave due to a non work related injury, I was out for a month. I came back Aug 15th and there have been two paydays since then. The first I received no wages, and the second I received under $100. I spoke to my supervisor about the first paycheck missed n I was blown off. They aren’t paying me or aren’t paying what I’m owed and I still have the job! What should I do?
I would put your request in writing. Under the federal Fair Labor Standards Act, they have to pay you for time worked!
Job not clear about pay, won't let me talk to HR what do I do
I noticed you actually responded to someone so I'm gonna try my luck. Is there anything I can do when my boss threatens my job while refusing to do hers because I cant make it in and I even followed protocol but she refused to do so her self. I work in the medical field I work 3rd shift in a group home I went to the hospital and I had cellulitis which eventually lead to a cyst and this was directly next to my anus which caused extreme the next day after the hospital visit is when the cyst formed and I tried waiting it out but I couldn't the pain was too much I called out and tried to find coverage my co workers already worked or couldn't so it is my house supervisors job says so in her job description to pick up direct care shifts as necessary but she refused and left me a voice message yelling at me and berating me and telling me I'm not gonna tell her what I'm gonna do because I'm sick. Even when I was forced to talk to her my area supervisor and for some reason another manager that I don't work with all in the same room they all yelled at me saying that it's not their job to cover but to help find cover. I live in Indiana and I know this is a long shot but it doesn't matter what I type in I just can't find anything that might help the thing I came close to was hostile work environment but I have messages and a video and nothing that leads me to believe it would be discrimination which is apparently what that has to constitute. The law can be quite clear but once you get a judge and lawyers involved it becomes so black and white I can't make anything out. Please I hope you can help me!
If you employer has over 50 employees it is covered by the Family Medical Leave Act, which might offer you some protection. Coverage under the Americans with Disabilities Act (ADA) may also offer some protection. Worth talking to a lawyer in your area. I'd start with www.nela.org and www.avvo.com. Good luck!
How do I go about unsafe work space and sueing for no training and sending me on the job
Please advise if i only work for 10 days get pay 4 days balance 6 days don't want to pay, can i sue them? and my employer ask for my SSN
copy also gave to them already
How do i sue a company who lied about pay and discrimination?
I have been working second shift on my job three (3)years. A guy on dayshift started working third shift for over 6 month because the guy third shift got fired.The employer found a replacement guy for third shift less than 2 months The guy on dayshift still didn’t go back to his original shift .
The dayshift supervisor post the dayshift position I applied and won the job bid for dayshift and was told i will be working 530am to130pm and I suppose start on Dec 26, 2022. One of the new guys on second shift turn a trailer over and my second supervisor said now the job I applied for is not for first shift it’s for third shift and the guy that been there 6 months is on third shift is going back to first shift and I am going to third shift.I didn’t apply for third shift I apply for first shift.Why did they promise me the job and post it if the position wasn’t open?Is there anything I can do?Everybody is the same race,so an Federal law hasn’t been broken.
Would have to show that the decision was based on a protected category. You mention that everyone is the same race, so discrimination based on race likely does not apply. However, it would still potentially be illegal if the decision to offer you something than your requested shift was based on say, sex or national origin. If not, this may be a case of an employer acting badly, but not illegally. As always, to get a true deep dive into your situation, talk to an attorney in your area. Here's a video I made on how to do that: ruclips.net/video/vCmDFyxkqwQ/видео.html
I am working remotely, Can I sue my employer for not giving me my last pay?
Can a company sue you if you quit and they keep paying you like you never left? Even when you put in your months notice?
Yes, a company can sue you if it overpays you, even if it is the company's fault.
What is the time statute from termination to filing a suit?
It depends on what the claim is. If it is discrimination, you usually will have at least 180 days to file a charge wit the EEOC. If you company fails to provide with with Family Medical Leave (assuming you are covered), you have at least two years. Statues of limitations can be complicated. Worth consulting with an attorney to find out how they apply in your situation
I have asked them for 3 years now not to hack into my home pc, and have spent thousands trying to fix it. Still today, they are illegally hacking into my home pc and blocking me form working. I want to file a huge law suit as i am blocked from gettin any job anywhere:
they commit every felony in the book, its been torture for so many years . I am also needing medical help, as have no food and lost 94 pounds.
one of them tried to hit me with a car when i was walking, they do illegal electronic surveillance they listen to everything i do like they 'own' me and they dont. Also had a hit and run on my vehicle they owe money for too. Please take my case,
I was fired from my job after my background return. I have not received my last paycheck which I should have received January 6th, 2023. It is now February 2nd, 2023. Can I ask them to pay interest to my check because I was almost evicted waiting for that? Please help
what if your employer pays other employees even if they are not working im a male and the rest are female and on top of that he treats me differently letting my coworkers do things that i get in trouble for? i live in md
Can I sue my job for being assaulted after an argument?
Hello please I would like to ask a question and appreciate For helping people, I’ve been working for company for 9 yrs and my coworker call me A bad name and hurt my feelings really bad and I brought up to the supervisor at the office where I was working but she told me that she was just kidding and this happened 2 yrs ago I even have recoded Video of the guys talking about me how I looked and calling me names? Please and thank You!
Depending on what was said, this could be illegal. Merely hurting your feelings (unfortunately) is not enough. But if they were talking about your sex, race or national origin - or if they were talking to you in a sexual way, then it could violate one or more employment laws. As always, good to talk to a lawyer to get the best answer for you specific situation. Here's a video I did on how to find one: ruclips.net/video/vCmDFyxkqwQ/видео.html. If you found this answer helpful, please leave us a Google review. It helps more people find us. If you Google Spiggle Law, you'll see how to leave a review. Thanks and good luck!
1st I was on light duty for getting hurt on the job , my employer only took me to a clinic, got a ice pack & no MRI's done just therapy visits. few days later my district manager had me drive company pickup truck and leaving one parking lot i backed up less then 1 mph, man claim i hit him, which I know 100% I didnt. No security cameras shows any action , but i didnt report it to my employer which is a policy & then i was suspended under investigation taking almost 2 weeks. by then I got a laywer for my injuries & same time my boss calls me to report for a hearing knowing I'll be terminated. so same time I filed law suit paperwork/text to my employer. so I sue for my injuries, can I sue for wrongful termination if no proof making contact with pickup truck hitting the man but I have video recordings few days after the false incident man is walking fine no signs of injuries.
So sorry you are having to deal with this. Worth consulting with a lawyer. Check out our video on the subject here: ruclips.net/video/vCmDFyxkqwQ/видео.html
Is it ok to hire another law firm to sue a former employer for misclassification when you have a pending lawsuit with the same employer for separate claims?
There is nothing wrong with retaining a separate law firm. This is, in fact, common especially when you want to join a class action. In any event, nothing wrong with this, but make sure you let your current attorney know. Good luck!
Can I sue my employer for accusing me of doing things I have not done and cutting my shifts? He has used profanity and abusive language against me and has been aggressive towards me too. He has threatened to fire me and even openly admitted to cutting my shifts. He has used racial profanity such as the N word and allowed me to work illegally with no form of ID to verify my citizenship. He eventually cut my shifts for a large period of time because my passport had expired and asked me to get a new one. I have been underpaid and he lied about that too as I keep a track of all my hours. Is this material enough to sue?
Can I sue for retaliation for calling hr? And can I sue for my employer for putting me in an environment where employees were doing cocaine and acting violent?
Not enough here for me to say definitively. But certainly it can be illegal for an employer to take action against you for calling HR to report wrongdoing. Also, it is highly likely that an employer could be liable for putting you in physical danger. Definitely worth seeing a lawyer. Try www.nela.org and avvo.com. You also check out this video I did on how to find a lawyer: ruclips.net/video/vCmDFyxkqwQ/видео.html
What if your supervisor assigned you to other Worker assignments because they refused to work where they assigned and move you off your hall to accommodate them and I been complaining for years
I hate to give the lawyerly answer and say, It depends. But it depends. What you describe is not, stand alone, illegal. But if you are being treated differently based on sex, age or race, it could be. Worth talking to a lawyer. Might try this resource: spigglelaw.com/how-to-get-your-legal-questions-answered-for-free/
@@Spigglelaw what if now I'm getting retaliation against because I filed a eeoc complaint and also got injury on the job and after the mediation they ask for my evaluation on my injuries I gave it to them and they not following the doctor orders and hours I suppose to work and I'm afraid to leave and get put down as awol what should I do
@@CountryAzzShina45 These are all great questions. Hopefully you working with an attorney who can help you. Generally, if you are experiencing retaliation due to filing an eeoc charge, I would make sure that your EEOC charge includes a claim for retaliation. You can amend it to include the charge. The eeoc should be able to help you with this. The other issues sound more like workers compensation, which is not an area of law that I focus on. I'd check with an attorney who specializes in that area of the law. Generally workers comp attorneys work on contingency, so you don't pay unless you recover something. Good luck!
Can I sue my employer for making me lie to OSHA to keep my job?
That would be illegal. Worth consulting with an attorney about
I was hire by a landscaping contractor that was private. I told them I had to leave early cause of supervise release program. I got fired 2week later. Because the city of new Canaan would not insure me. But I’m federal bonded.
I file a lawsuit and they owe me 30,000/but want to settle for 5,000
Sorry to hear that. You are certainly legally entitled to be paid for the time you worked. Worth talking to an attorney who handles wage-and-hour cases. Good luck!
Im owes a hundred something for 2 days of work. They have yet to pay for over 10 days. Can I take action against them?
I’m gonna sue the new gm and buy him some cough drops and a diet plan
I am suing my former co-worker for saying that I wanted to get a gun to use against her. i was denied unemployment benefits. upon a hearing conducted by Unemployment, I won on appeal. I am now suing my former co-worker for defamation. And my former employer for wrongful termination. After some investigative work, I found out that two months later, they fired the person who lied on me. I don't know if it was because of the lawsuit or some other reason. My former employer hired a Law firm from the famous K street lobby to represent my former co-worker. And they in turn offered me a settlement of $5K. My ask for relief from my former co-worker is $27k and $4k personal injury. If the witnesses does not show up for the defendant, will I win the case? And can I use the testimony which was given under oath at the Dept. of Labor hearing in my civil case against them?
I meant to say I am suing my former co-worker, but have not file suit against my former employer yet for wrongful termination. The defense counsel wants me to do a Global resolution. And release all "Parties".
Sorry that you are having to go through this. If your former co-worker has good counsel, I think it unlikely that their witness fails to show up for trial. But, stranger things have happened. If the defense fails to show up or put up on a case, and if the judge is satisfied that you have established the basic elements of your claim, then you would likely win what is called a default judgment. This was happened to Alex Jones in his case. If you win a default judgment, then you still have to prove damages. This may require nothing more than having you take the stand to describe the effects of the defamatory statement. Though you can also put on witnesses, for instance, to describe damage to your reputation. As to the issue of whether you can use your testimony in the hearing for unemployment benefits, that depends on the state. In most states you cannot use testimony in an unemployment hearing in another proceeding. However, some states may allow you to use that testimony to "impeach" a witness on the stand. That means that you can use previous testimony to show that the witnesses has testified on the stand in a different manner than he or she did in another proceeding. Good luck!
@@Spigglelaw Thank you for your prompt response. However, because I am taking a jury trial, I feel that they will find in my favor since I was employed with the company for nine years with no prior history of abnormal behavior either at work or in private life. But again thank you for your professional opinion
@@fettigoya6709 Got it. Wish you the best of luck. Let me know how it turns out. Separately , if you'd be willing to give the firm a review, even if you don't write anything, that's be of great help. It allows us to reach more people to provide this kind of help: spigglelaw.klevergyreviews.com/review
@@fettigoya6709 For the 5K?
Is it right for your employer to ask why your not a u.s citizen ?
It is certainly and improper question. If you employer later does something negative to you, this could be evidence if national origin discrimination, which is illegal
We want to sue organization for misleading information false claims and other acts than can impose
can i sue my employer for the way they pay people? they do it by ‘open availability’ and i’m the only black person there making less than everyone else.. i have the most experience and we all have the same title, and we all do the same exact work. i live in georgia so i know the labor laws here are kinda wonky, but if anyone can answer i will be so grateful!
Excuse I got fired for cause I didn't met they standarts how they serve food and me as Commis Chef should not be doing that anyway Especially after being employed just for 1 week science started my job. Nobody showed to me or explained to me What standarts are but on the day I got fired, they told me that they take they standarts very seriously and for that reason I got fired .
But could the multiple claims help established Retaliated- Harassed get escalate to Hostile WORK ENVIRONMENT❓
I'm not sure I understand your question, but having multiple claims is less likely to get you over the threshold for illegal hostile work environment than having the facts that show egregious and repeated improper conduct. If you can show that the number of claims you have, at least as to HWE, is less important. Of course, if your case involves conduct that involves multiple violations of the law - e.g., harassment and retaliation - you should absolutely file multiple claims
My boss fired told me sick time was only for white people i was sick and i requested him one day i was sick and i told him thats diacrimination and he laughed and then i told him i was going yo file a complaint for discrmination and he didnt care and said hispanics are trash and lazy and illigals with no right to work in this country a week aftet he fired me i filed a complaint to maryland commision of civil right and signed documents but i dont know what to do next im struggleing now with no job .😔
What if i work for a employer who makes comments like “you’re worse then a woman “ @I’m gonna kick you in your ass” as well as making sexually vulgar comments about the women customers. It is a toxic environment and i am curious if this is worth pursuing.
So sorry that you are having to deal with this. That very well could qualify as a legal impermissible hostile work environment. I would suggest consulting with an attorney who focuses on employment law. I'd sugget nela.org or avvo.com as a place to start.
@@Spigglelaw thankyou i was thinking should i try and record when these matters happen it is to the point i am thinking of getting a recording device is that something I should do or would that not be smart?
@@just_another_retired_hooligan These can be very helpful, but make sure you are in a one-party consent state that allows these recordings to be used in court if at least one party is aware the recording is being made. In a two party consent state, both participants must be aware the recording is being made in order for it to be legal. I recommend consulting with an attorney in your state. Wishing you all the best
@@Spigglelaw ok I will and thank you for the advice i will be looking into this 🙏🏼