July 12, 2022 | Labor & Employment Law

Employers have a responsibility towards their employees. Just because an employer is good to their employees does not mean that they will not be subject to lawsuits. It is important for both employers and workers to be familiar with labor and employment laws. Employers ought to take time to ensure that they are in compliance with laws and can therefore avoid the being subject of a lawsuit. Employees should ensure that they understand these laws in order to ensure that their rights are not violated.

Some of the most common labor and employment law cases are as outlined below.

1. Discrimination

Employers or even coworkers may discriminate against a worker due to their gender, age, race, sexual orientation, religion or disabilities. Some signs of discrimination include favoritism, unequal pay, denying benefits or even been given more responsibilities or tasks without receiving a pay rise. The law prohibits discrimination against workers on account of their race, national origin, age, sex, religion, disability, genetics or age.

If you are an employee and believe that you have been the subject of discrimination, it is important that you write down specific examples demonstrating how you have been discriminated against. Making a record of these occasions will make it easier to build a strong case.

2. Workplace injuries

Employers are required to provide their workers with a safe working environment. If an employee gets hurt while on the job, they can claim compensation through their employer’s workers compensation insurance policy.

Workers’ compensation is no-fault system designed to provide workers with a financial cushion in case of an injury while at work. This insurance also protects the employer by preventing employees from seeking damages for workplace injuries against their employer. Employees however, can maximize their compensation by pursuing other parties that may be held liable for their injuries. These may include manufacturers of dangerous products or a client.

3. Hostile workplace environment or workplace harassment

Workplace harassment is different from discrimination. Harassment involves employers or people in managerial or supervisory positions acting in an inappropriate way towards an employee. This results in the employee feeling uncomfortable or unwanted in the workplace, thus creating a hostile workplace environment. This often involves inappropriate behavior such as making sexual advances in exchange for preferential treatment. The harassment does not have to be physical or verbal. Subtle cues such as suggestive or seductive facial expressions may be considered harassment.

If you are an employee that has been subject to harassment, it is important to approach your supervisor or manager or another figure of authority to help you sort out the situation. If no action is taken and the harassment continues, you should contact an attorney for legal assistance.

4. Wrongful termination

Employees can be terminated for a wide variety of reasons. However, if you are laid off for unfair or false reasons, you may have a case for a wrongful termination lawsuit. Wrongful termination may include being terminated for opposing an illegal practice by your employer, being accused falsely for stealing or being fired for whistleblowing.

Wrongful termination lawsuits can be complicated as you will need to demonstrate that your employer terminated you without a good reason. One way of demonstrating wrongful termination is by considering the company’s policies and looking for ways that your employer violated the rules.

5. Refusal to make correct payments

When a worker agrees to work for an employer, they will have agreed on payment terms. Employers are required to honor the terms agreed. Failing to do so is not only unfair but could also result in a lawsuit. While employers can make mistakes that result in payment mistakes, failing to correct these mistakes when they do occur can result in a lawsuit. Correcting payment mistakes may include ensuring equal pay, compensating workers based on their level of responsibility and the number of tasks assigned to them, paying workers correct overtime payment.

Damages That Can Be Recovered in an Employment and Labor Case

Every employment and labor case is different. The amount you can recover in your case will differ from another case similar to yours. Many of these cases end in a settlement being agreed upon out of court. The average out of court settlement for an employment lawsuit is $40,000.Only a small percentage of employment cases end up going to trial. These cases can result in verdicts of over $1 million. However, the outcome is unpredictable.

Some of the damages that you can recover in an employment lawsuit include:

• Economic damages – these are damages that include all economic losses resulting from the unfair conduct. They include lost benefits or lost wages.
• Non-economic damages – these are damages that are designed to provide compensation for non-economic damages such as emotional distress or physical pain. They often make up the largest component of the benefits paid.
• Punitive damages – these are designed with the goal of punishing the defendant. They are only available for cases where the defendant acted out of malice or with full knowledge that they were disregarding your rights.

If you have a labor or employment case, get in touch with us to consult with an experienced attorney.

Labor and Employment Law