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BUSINESS TIPS

5 Scenarios When You Can Sue Your Employer

If you are an employee, then you should know that you have rights as stipulated by the law. Yes, you are entitled to seek legal redress by taking the appropriate lawful action if your fundamental rights as the employee are violated. Let us look at some of the instances when you can take legal action against your employer.

When your employer discriminates against you

The employment law protects you from discrimination. Your employer is prohibited from discriminating against you based on gender, nationality, sex, religion, or disability, etc. You are protected by what is known as employment discrimination laws.  In that case, you have a right to file a discrimination lawsuit against your employer for appropriate legal action to be taken. 

In case you are wrongfully terminated

At one point, you may be terminated from your job. Perhaps, your employer simply just doesn’t like you. Or maybe you were fired for being a whistle-blower. If your employer terminates your employment for reasons unrelated to the company’s state, employment contract, or performance, you can take legal action against them. You can file what’s known as a wrongful termination lawsuit.

Besides, your employment might be terminated without any adequate reason being offered. The employer might delay the investigations into accusations that led to your wrongful termination. In case that happens to you, then you are entitled to appeal the decision or even get legal redress against the employer.

If you are facing harassment at work

There are different types of harassment, including verbal insults, physical assault, and sexual assault, etc. If you were harassed by your employer or intimidated for whatever reason, that could be grounds enough to sue. Also, if the harassment was from another co-worker, but your employer failed to take the necessary action, you can still sue your latter for failing to protect your rights. 

You were injured at the workplace

The workers’ employment laws require that the employer provides a safe working environment for you at the workplace. In case that has been neglected and the accident happens, you can sue the employer. For example, if the electricity cable were left bare and unattended and you were shocked, that could be grounds for filing a lawsuit for negligence. Another example is if there was a fire accident at the workplace, and you were hurt because the employer failed to put fire safety measures. Again, you can sue for compensation benefits for workplace injuries.

You are also entitled to sue for injuries that may occur outside the workplace but within the scope of work. For example, you could be using the company car to deliver a product to the client when the accident happened.

Depending on the laws and employment terms, the employer is generally responsible for your safety as long as you were on duty. Some employers would however try to deny you compensation for a car accident that happened within the scope of your work duties. It would be best to speak to car accident lawyers with integrity to help you in filing a lawsuit and protect your rights in such a scenario. This will ensure that your employer compensates you for your medical expenses, lost wages, injuries, pain, and suffering, etc.

When you are subjected to an unfair disciplinary process

The employee disciplinary process is almost always an internal matter that ought to take place within the organization. You must be aware of the discipline policy of your organization. For example, you should be aware of things that should be done and should not be done to avoid being subjected to disciplinary action. You have rights even when you are under a disciplinary process at work. If you have clear evidence that you should not be held at fault and that your disciplinary write-up was incorrect, you stand a chance to appeal the decision and get compensation. An easy way to go about it is to approach HR to get clarity and answers to why you were subjected to the disciplining process.

You can write a memo in which you detail the reasons you think the disciplinary action was unfair. Request that the memo is placed in your permanent record. This way, any other party reviewing your file within the organization can see your side of the story. That will help in balancing your case and finding justice for you.

Final words

These are just but a few scenarios when to sue your employer. The employment laws are there to protect your rights at work. You should be aware of your rights as an employee and try to understand the right actions to take against your employer. Better even, speak to an attorney who will assess your situation and help take legal action.

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