If you’ve been fired or slowly pushed out of your job, you’re probably dealing with financial and personal fallout. When you don’t know your employer violated your rights under the law, it seems easier to resign or accept a termination and move on.
However, employment laws exist to address unlawful conduct like discrimination, retaliation, wage theft, and wrongful termination. Employers who violate federal and state employment laws can be sued for damages.
If you believe your employer has broken the law, here’s what you need to know about filing an employment lawsuit.
Retaliation for reporting misconduct is illegal
Employers are prohibited from retaliating against an employee for engaging in legally protected activity, like reporting harassment, discrimination, safety issues, or wage problems. According to the Equal Employment Opportunity Commission (EEOC), retaliation is one of the most common complaints filed. In 2023, retaliation was cited in 56.8% of all cases.
Discipline that follows a complaint is often seen as retaliation. For example, if you filed an internal complaint, talked to HR, or reported an issue to a government agency, being terminated, demoted, or having your hours cut raises red flags. In fact, it’s a sign that your employer acted unlawfully.
Federal and state laws protect whistleblowers, but only when the whistleblower’s conduct follows certain rules. For example, disclosures need to be made through official channels, and the reporting must be made in good faith.
Wage and hour violations are common
Many employers violate federal or state wage and hour laws – sometimes unknowingly, but sometimes it’s intentional. For example, many employers refuse to pay non-exempt employees proper overtime. Some states require overtime pay of 1.5 times their regular rate for hours worked in excess of 40 hours per week and/or eight hours per day.
It’s equally common for employers to require employees to work before clocking in or after clocking out. This often involves tasks like answering emails or preparing equipment. In most cases, this is considered wage theft.
Wrongful termination is illegal
Not all terminations are illegal, but certain circumstances can cross that line. While contracted employees are governed by their individual contracts, at-will employment is governed by state and federal law. It’s illegal to terminate an employee based on their race, religion, gender, age, familial status, or disability. It’s also illegal to terminate someone for refusing to break the law, filing a workers’ comp claim, or serving on a jury.
With that said, employers can fire workers for just about any other reason or even no reason at all. A wrongful termination lawsuit requires proof that you were fired in a way that either violates the law or your employment contract.
Workplace harassment is illegal
While it might be annoying when a coworker or boss is rude or mean, it’s not illegal unless their conduct is based on protected characteristics and is severe enough to create a hostile work environment that makes it hard to do your job. For example, sexual harassment is illegal and includes unwelcomed advances, requests for favors, or any behavior that makes a worker feel intimidated. Someone mocking your religious beliefs or making derogatory comments can also be considered harassment under the law.
Employers must provide reasonable accommodations
If you’re disabled, your employer is required to provide you with reasonable accommodations under the Americans with Disabilities Act (ADA). However, not every request has to be granted. When a request will create undue hardship on the business, your employer can legally refuse the accommodation. For example, asking for a modified schedule might not be workable if your absence would hurt the business. However, asking for an adjustable desk wouldn’t create a hardship and should be approved.
If your request has been denied, talk to your employer to find out why and ask them to discuss alternative options. If your employer denies all of your requests and won’t talk with you about the situation, you might have a lawsuit.
Family and medical leave violations are common
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid time off for certain qualifying reasons. Unlike taking regular time off, your job is protected during FMLA leave. As long as you meet the requirements, your employer can’t deny your request.
Protect your rights with a lawyer
Quitting and leaving it all behind might seem like the easiest way to escape from a bad job, but resigning willingly can compromise your ability to win a lawsuit. If you haven’t been fired but suspect your employer might be trying to push you out, talk to a lawyer right away.
Whatever you’re dealing with in the workplace, start documenting everything and consult an employment attorney to protect your rights.