How Do I Sue My Employer?

In an ideal world, we’re able to work for an employer who treats us with respect and provides us with reasonable compensation for the time and effort we put into our jobs. Many people enjoy this arrangement, but all too often, things go wrong in the workplace. Sometimes the issues are minor and easily resolved, but in other cases, the legal system must be called in to remedy the problem.

What do you need to know if you want to file a lawsuit against your employer?

First and foremost, it’s important to understand how daunting the process of suing your employer is. It’s also important to know that no matter the circumstances, you need to work with an experienced attorney. The sooner you speak to an attorney after a legal issue arises with your employer the better.

Keep in mind, assuming you are still employed, everything you say and do in the workplace can be held against you if a lawsuit is filed. Your attorney can work with you to protect your safety and to ensure you have a consistent legal narrative that addresses the problems you’re having.

It’s also important to keep written records of everything. Document events, no matter how small, that have to do with the issue at hand. Date the information you record and note any names of individuals involved. You will also want to note any witnesses if there are any and detail any discussions you’ve had with human resources, co-workers, or your superiors. Also print and save any emails, pictures, or documents related to your situation. The paper trail you create will not only help your lawyer build a strong case, the information can also be used in court.

Filing a Complaint with the EEOC

If you want to sue your employer for violating federal law, you’ll also need to file a formal complaint with the Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces federal discrimination laws. Filing is necessary if your lawsuit is related to discrimination based on a protected class, including race, color, religion, sex, gender, national origin, age, disability, or genetic information. They also handle cases related to retaliation. Filing your EEOC complaint is required before you can file a lawsuit in federal court alleging a violation of federal law.

If your lawsuit relates to the Equal Pay Act, you do not need to file with the EEOC before filing a lawsuit.

In addition to helping you with building a case against your employer, your lawyer will also assist you with the complicated and sometimes frustrating process of filing an EEOC complaint. He or she can also help you share your story in an “official” way with the agency and begin to lay the groundwork for future legal action.

For more information about filing a complaint or about the EEOC in general, visit their website at EEOC.Gov.

It’s possible the issues will be resolved after you file your EEOC complaint. However, if this is not the case and you need to take legal action, you and your lawyer will already be on the same page concerning your case. The sooner you begin working with a legal expert the better.

If you have concerns about how you’ve been treated in the workplace and you believe a lawsuit is necessary, we can help. Conntact Borrelli & Associates, P.L.L.C. for more information.