When your employer has wronged you in some way, there are several different ways of addressing the matter. Depending on the circumstances, you could informally discuss the issue with your supervisor. You could opt to make a formal written complaint with your human resources department or resign from your position in protest. You could also file a lawsuit against your employer.
You may view filing a lawsuit as a “nuclear” option, one which may get you the resolution you deserve. However, suing your employer is often perceived as doing irreparable damage to your relationship with your current employer and impacting your employability with others, too.
Personal and Professional Consequences of Filing a Suit
Some of these concerns are not as significant as some would lead you to believe. However, a key factor in the seriousness of the consequences of filing a suit is whether the lawsuit is justified in light of all relevant circumstances. Just because you can file a lawsuit does not necessarily mean doing so is the best course of action.
5 Situations That Call for Legal Action
Ultimately, it is up to you whether you should bring a lawsuit against your employer and when you should do so. Consider the overall situation, including your relationship with your employer and the potential for professional ramifications, before deciding to file suit. However, if you are facing any of the following five situations, you should give serious consideration to filing a lawsuit:
1. Your Employer Is Not Listening to You or Taking Action
There is a difference between an employer who is making honest efforts to fix a workplace problem and one committed to doing nothing. If your employer falls into the latter group, they are communicating that your concerns are not legitimate or worth the time to investigate and address.
If there is a chance and desire to remain employed with your current employer, you may hesitate to file a suit against them. However, if your employer has stopped listening to your concerns or has communicated they are not important, there may not be much of a relationship to salvage. Your only way of asserting your rights in this situation might be to file suit.
2. Your Employer’s Resolution Is Inadequate
Your employer may recognize that your issue is legitimate. However, if your employer’s approach to resolving the situation does not provide the relief you need or what you could obtain under the law, it may be best to file a lawsuit. This may be the only way you will get the compensation you need and deserve.
For example, suppose your employer unlawfully withholds pay from you. If your employer persists in not paying you what you have earned, the law permits you to seek up to three times the unlawfully withheld amount as damages. A resolution your employer proposes that does not consider what you could receive through a lawsuit could be inadequate for your needs.
3. Your Employer Has Broken the Law Multiple Times
Any law violation that causes injury to you or other employees is a serious matter. However, willful, flagrant, or repeated violations of the law should warrant a strong reaction, especially if such violations put you or others at risk of harm. Under these circumstances, a lawsuit may be the only way to impress the gravity of your employer’s actions upon them.
4. Your Employer Is Actively Discrediting You
Some individuals avoid filing a lawsuit because they fear they will gain a reputation for being troublemakers or litigious employees. However, your employer can also tarnish your reputation by denying your allegations or claiming they stem from some personal vendetta you have toward the company or a supervisor.
When your professional reputation is on the line, filing a lawsuit and having a court find that your allegations are true may be the best way to protect yourself from further reputational damage. Under these circumstances, any impact the act of filing a claim would have on your image would be negligible.
5. You Were Wrongfully Terminated
Finally, if you were wrongfully terminated from your job, there would be little downside to filing a lawsuit seeking compensation. Since you no longer have a job with your employer and your professional reputation has been affected by being let go, there may not be any downside whatsoever to filing a lawsuit.
Connect With Ernst Brown & Draper for Caring and Experienced Assistance
Suing your present or past employer is a significant decision and should be made carefully and carried out with skill. The experienced team at Ernst Brown & Draper will evaluate your situation and help you see the positives and negatives of suing your employer. When you are ready, Ernst Brown & Draper will be by your side at each stage. Contact Ernst Brown & Draper today.
