Last week, we talked about 20 points an employer should ask itself prior to terminating an employee. In the understand of fairness, below are 10 points that an employee need to ask prior to suing one employer. Girlfriend should understand that I normally don"t think that lawsuits space the best means to resolve problems. (I realize the there space exceptions.)BEFORE YOU walk ON, PLEASE read THIS!!!! I stand for employers only, no employees or applicants. This blog never has legal advice, and especially not today. Reading this blog is no substitute for consulting through your own lawyer that is (1) on her side and (2) understands your situation.
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You still treatment what i think? Great! below we go.
(Click on photo to enlarge and also laugh.)1) room you pretty confident that your employee didn"t just treat you inconsiderately, or unfairly, or stupidly, yet actually violated the law?
It"s not versus the legislation to it is in an unfair employer, as unfair (heh)
as that might seem. Also though i rail ~ above a continuous basis against employer favoritism, unfairness, bad communication, and the like, it"s not due to the fact that these things space illegal -- it"s since (a) they encourage employees to file lawsuits, and also even a baseless sue is an expense and hassle that many employers don"t need, and (b) gift fair and even-handed through employees is the best thing to do. If your employer is a garden-variety jerk, then your best bet may be to find one more job.2) If girlfriend think you were discriminated versus because of your race, sex, ethnic background, etc., have actually you contrasted how co-workers that different backgrounds were treated?
carry out you know the special, of their situations? more than likely not, due to the fact that you"re the employee and don"t have access to every one of that information. It"s feasible that they had actually some extenuating circumstances that walk not apply to you. It"s also feasible that they to be treated exactly the same way as you however you don"t know it because personnel information around your co-workers is confidential.3) perform you have any type of back-up?
are there employee or previous employees that agree that you to be treated unlawfully? will certainly a manager or supervisor speak that? Or is everyone either proactively siding with your employee or staying much away from you?4) do you still job-related for the employer you want to sue?
have you yes, really thought about exactly how miserable this is going to make friend in your job? I"m no talking around retaliation - I"m talking about your very own feelings that co-workers space looking at you funny (whether they space or not) and also that your bosses room picking on friend (whether they space or not) since they recognize (whether they do or not). If girlfriend can"t stand that constant stress, then quit and also get a project somewhere else before you sue. If girlfriend can"t afford come quit, or don"t think you can gain a task elsewhere, then offer serious consideration to trying come handle your problem in some other way.
"They"re all talking around my sue - I just know it!"5) speaking of managing your difficulty in some various other way, have you do the efforts to carry out that?
If girlfriend feel that you"ve to be harassed, or discriminated against, or retaliated against, or denied a reasonable accommodation the you deserve, or no paid properly, have actually you speak to who in your company about it? If you have an HR department, have you tried to get their help? also if friend don"t have actually an HR department, is over there a trustworthy human being in a management role you deserve to talk to? A union representative? A many employment concerns can be addressed internally. The advantage of obtaining them fixed internally (if possible) is the you deserve to usually proceed working in peace, and also - if you have a true "legal" problem - acquire it resolved before you endure too much harm. Even if it turns out come be a not legal "fairness" issue, most employers desire to hear about those and resolve them, too. One much more benefit - if girlfriend did your best to solve it internally, you will be in a stronger legal place if girlfriend do at some point have come sue. (NOT legit ADVICE)6) have you consulted v a trustworthy human being who has actually expertise in employment law, and also I don"t median me or this blog.
have you consulted v an honest-to-goodness live, non-virtual employed lawyer, or someone with a government company that handle your kind of claim, such as the equal Employment chance Commission or your state Wage and Hour Division? do you have actually a friend who is an employment lawyer or HR experienced who might be able to give girlfriend some cost-free (and sound) advice? If so, have you provided them all of the facts, both an excellent and bad? What do they think you have to do? If they"re encouraging you to "build a bridge and get end it" or "quit," then possibly suing isn"t together a great idea.
"Inquiring minds desire to know!"7) If you"re planning come sue for emotional distress, space you ready to have your whole life exposed?
If you claim emotional distress in a lawsuit, the employee is usually entitled to find out all around any trauma you may have suffered, consisting of physical and sexual abuse, psychological conditions, psychiatric conditions, diseases, divorces, plastic surgeries, accidents, crimes, arrests, and deaths. The employer can also get your medical and psychiatric records, at the very least within limits. If the employee finds the end that you had any type of of these other things walking on in your life, climate it have the right to argue to a judge or a jury that whatever that did come you ("all of which the Defendant denies"
) was not that large a deal.8) do you have any other skeletons, and are you ok with having them come out of the closet?
How many jobs were you fired from before you obtained fired by this employer? to be you accused that embezzlement on her last job? sexual harassment? The employer will have the ability to subpoena her personnel files from your past employers. And also are friend ok with sitting throughout a table from your former co-workers and also supervisors while castle testify under oath that you were a lousy employee?
"Put those Oreos down and get earlier in the closet NOW!"9) have actually you thought around what girlfriend really want out of her lawsuit?
carry out you need a fast $5,000 therefore you can make a down payment ~ above a Honda Civic? do you desire a zillion dollars therefore you can buy the oceanfront mansion in Palm Beach, preferably with an infinity pool? do you desire nothing much more than your just compensation for the dorn that has been excellent to you? execute you desire to vindicate not only yourself, but all of your co-workers? carry out you desire blood, and you don"t treatment what you have to do to gain it? relying on your goal, the litigation will be an ext or less of a life hell because that you.10) have actually you taken into consideration the reality that you could go through every one of this hardship, hassle, and trauma for a pair of years, and also wind up with nothing?
It"s dubbed "failure come state a claim" or "summary judgment." that happens. Sometimes also a jury will certainly stiff you.Are you absolutely certain you don"t want to just quit and also go to occupational someplace better?Comments native employers, employees, and plaintiffs" lawyers space welcome!. . . AND likewise OF interest . . .Now that"s persistence.
The united Auto employees union is going to get another election at Volkswagen-Chattanooga, but now it"s focused on a "micro-unit" of skilled tradesmen. David Phippen has actually the story ~ above why "small is beautiful" for the UAW.
See more: Wow! Steve Harvey Stepson ConfessionImage credits: native flickr, an imaginative Commons license: "Lawsuit" demotivational poster by thinboyfatter; paranoid by Aaron Tait;
National Enquirer sheathe by torbakhopper; skeleton at the supermarket by Mike Mozart.