The entire process to successfully sue your employer can be complex and daunting. We’ve compiled some frequently asked questions to provide employees context on what they can do if they feel they have been wronged in the workplace.
Employment Laws: Frequently Asked Questions
can i sue my employer? Yes, you can sue your employer if they violate any California law that applies to the workplace.
how much can you get for suing your employer? The short answer is, it depends. Hostile work environment lawsuits differ from workplace harassment cases, which are different from sexual harassment issues, wrongful termination suits, workplace discrimination problems, and lawsuits regarding lost wages, for example. However, speaking with an employment attorney can help protect employees and offer them a better sense of how taking legal action can help them get what they deserve in the workplace – including any legal fees that may be associated with a legal claim. The employment lawyer team at Lawyers for Justice, PC offers a free consultation when you call (818) JUSTICE.
can i sue my employer for not giving me my w2? The first thing to do is contact your employer and ask for the W2. If they are unwilling to send it, you could report them to the IRS, who can provide more instructions on how to file your taxes on time. They will tell you what to do to file on time, and may pursue the employer. If an employer hasn’t tried to send you a W-2, they also may not have reported your wage withholdings to the IRS, which violates employment law.
how to sue your employer? If the employment relationship between you and your boss is fraught because you are not being treated fairly or they are in violation of employment law, there are various steps to take before employees sue. First, document the issue. Report the issue to your employer in an attempt to improve the working relationship. Thirdly, file a complaint. Then, in order to sue your employer, it is best to retain an employment attorney who can help you navigate the legal system, the intricacies of state and federal law, review your employment contract (if necessary), and then decide on the best course of action for a lawsuit (including identifying the damages you could receive).
what kind of lawyer do i need to sue a company? An employment lawyer is typically the type of attorney who can help workers fight against issues that may arise within a company. Such issues could include, minimum wage violations, employment discrimination, overtime pay violations, sexual harassment, unpaid wages, unsafe working conditions, workers comp issues, emotional distress, and other types of illegal activities within the workplace.
is it worth suing your employer? While it may feel like you’re fighting an impossible battle, you do have rights as a California employee. If your rights are violated, most employees are entitled to seek legal action against your employer. If your boss acted unlawfully, filing a lawsuit could be the best way to recoup your losses and hold them accountable from further violating federal or state laws with other employees.
what can you sue your employer for? There are different ways to bring about a lawsuit against your employer. Lawyers for Justice, PC upholds California law when employees do not receive overtime pay, when they have lost wages, when there is a hostile work environment, if they are wrongfully terminated, experience a personal injury at work, or are coerced into performing sexual favors. These are just a few of the reasons an employee files a a lawsuit against your employer. See a full list of LFJ’s practice areas here.
how much does it cost to sue a company? Lawyers for Justice, PC is a law firm that operates on a contingency basis. That means clients do not pay any up-front legal fees to retain legal services; they only pay if they win their case. Therefore, the bar for entry to explore your legal options with Lawyers for Justice, PC is relatively low. Call (818) JUSTICE for a free consultation.
can i sue my employer for changing my time card? If an employer manipulates time card records, they are in violation of California labor laws. Therefore an employee can proceed with legal action in order to recover the lost wages they have experienced under the employer’s illegal activity.
do i sue the business or the owner? Typically, if you’re suing for something relating to an employment contract, you should sue the entity that is a party to a contract – whether that’s listed as the employer or their company. If you’re suing for a wrongful act, then you could sue the entity/person that/who (if you can prove the wrongdoing) committed the wrongful act.
can i sue my employer for not paying my bonus? Sometime employers make false promises, which could warrant a legal claim.
can you sue someone for not paying you for work? If an employer fails to pay you for the hours you worked, you have a legal right to recover your earned wages. Call (818) JUSTICE to speak to LFJ if you haven’t been paid what you deserve.
how long do you have to sue a company? You have three years to file claims for an employer’s failure to pay you the wages or overtime to which you were legally entitled, and four years to sue for breach of a written employment contract.
can i sue my employer for misclassification? Yes. Employee misclassification is when an employer labels you as an independent contractor, for example, when you are actually a full time employee, to avoid having to pay your overtime or give you proper meal and rest breaks. It is a workplace violation and you can file a lawsuit.
