So you have lost your job and feel that it was no fault of your own and that your employer is to blame. The more you think, the angrier you become and decide to sue your former employer. Now is the time to step back and consider what it takes to sue an employer. What do you need to know about lawsuits against an employer?
Right to Work State
25 states are right to work states. One of the components of being a right to work state is that an employee can not be mandated to join a work union or pay dues. However, the law also gives certain rights to an employer such as the ability to fire an employee with no reason. Investigate if your state is a right to work state and check out the specifics of the law where you live. Employer who mandate union membership in a right to work state are violating the law.
Fair Labor and Standards Act Violations
All states allow for an employee lawsuit against their employer for overtime work with no pay. Also, employees who work through a lunch, unpaid, might be able to sue for lost wages. The national Fair Labor and Standards Act or FLSA covers laws concerning over time pay requirements. In addition, an employee needs to understand the difference between an exempt and nonexempt employee. Exempt employees generally receive a per year salary and are not paid for any over time work. A nonexempt employee is paid per hour and receives overtime compensation. An employer that does not abide by the FSLA law, risks lawsuit for violation of the requirement.
Family Medical Leave Issues
The Family Medical and Leave Act (FMLA) guarantees an employee that ability to take medical leave due to the birth of a child or to attend to a sick family member, child or adopted child without fear of job loss. Also, an employee who is sick and unable to perform his job duties, is covered under the FMLA. An employee does not have to pay an employee but must maintain their health insurance during the leave time. An employee is allowed to take up to 12 work weeks off during a 12 month calendar year to care for a family member or to take care of their own health issues. A family member is allowed up to 26 weeks a year to care for an ill or injured military person. Employers are required to abide by the FMLA.
Discrimination Against Disabled
The Americans With Disability Act prohibits discrimination against a disabled employee. In addition, employers are mandated to make accommodations and appropriate modifications to benefit a disabled employee. They must also be allowed the same chance for promotion as other employees. If an employee feels they have been discriminated against, not been provided assistance with job accommodations or did not receive consideration for job promotions, they might have a lawsuit against their employer
This is not an inclusive list of reasons an employee can sue an employer. Laws are complicated and due differ by areas of the United States. Consult a lawyer to discuss whether or not you might have an employee based lawsuit against an employee.