Do you have the right to file an employment lawsuit if you are still employed by the company you wish to sue? This is an important question for many workers who are mistreated by their employer and want to file a complaint or lawsuit. However, you may be under the impression that you can only go through with a lawsuit if you were fired or lost your job in some other way.
Fortunately, you can pursue an employment rights violation claim while you still have your job. Of course, doing so comes with unique challenges, which you should learn about from a California employment lawyer. The legal team of California Labor Law Employment Attorneys Group is here to assist you if you are suffering due to adverse treatment by your employer. Don’t hesitate to contact us today and schedule a free, private case review.
Grounds for a Lawsuit against Your Employer
There are various lawsuits you can file against your employer based on grounds such as discrimination, sexual harassment, retaliation, wrongful termination, whistleblowing and wage and hour disputes. Many lawsuits involve more than one of these violations, particularly in cases of wrongful termination. Of course, wrongful termination means you have lost your job, but what if you are still employed at the same company?
In spite of your employment status, you can pursue a legal case for illegal treatment, like sexual harassment, discrimination, unpaid overtime, and retaliation after reporting safety violations at your worksite. For more information on suing your employer while you are still employed, contact our law firm as soon as possible.
The Downside of Suing Your Employer if You Still have Your Job
It’s completely understandable if you are reluctant to file an employment rights lawsuit as someone who has not been fired. There are many consequences you may have to face if you speak out and assert your rights under the law:
- You may be subjected to even worse treatment in terms of bullying, harassment, etc.
- Your employer may retaliate against you, i.e., firing you, demoting you, or reducing your pay / hours.
- Your employer may create a toxic work environment that becomes intolerable to the point where you are forced to quit your job (constructive dismissal).
Another issue you’ll need to be mindful of is the impact on your claim – specifically, how much you can recover in a lawsuit. Simply put, someone without a job has lost a lot more compared to a person who is currently employed. Thus, the amount of compensation you can ask for will be less than if you file a claim after you receive a termination notice.
However, employment where you are denied promotion, raises, overtime, bonuses, and other benefits you are rightfully owed still counts as a loss of income. And it’s more than likely that the treatment will get worse over time, to the point where your mental and physical health starts to decline. That’s why some people do not wait until they are fired to pursue a labor law complaint.
Suing Your Employer During the Course of Employment
So, we have gone over the dangers of taking legal action against your employer if you are still working for them. But you clearly have the right to seek remedies under the law without waiting to lose your job. In fact, there are perfectly legitimate reasons to file an official complaint without leaving your job, which we can discuss with you during a free consultation. For one thing, you will have easier access to evidence and witness statements if you are going in to work, meaning you can build a stronger case for compensatory damages.
What Should I Do if My Employer if Violating My Rights?
If you are fed up with unlawful treatment at your workplace, you have the right to pursue a labor complaint, and possibly, a lawsuit. To ensure that you have the right foundation for a claim, make sure to:
- Seek advice from a California employment attorney. Considering the complex nature of suing for labor law violations, including the steps you need to take before you are given the right to sue, it’s essential that you obtain legal representation right away.
- Keep all evidence related to the treatment you are receiving, such as a written log of incidents, emails and texts, performance reviews, denials of bonuses / promotions, unpaid wages, and statements from coworkers.
- File a written complaint with Human Resources, according to the protocol that’s established by your employer. Make sure to keep a copy of the complaint and any responses from HR and your supervisor.
- If you notice others at your job are having the same issues, talk to them and see if they are willing to give written testimony or talk to your attorney directly.
- Prepare yourself mentally for retaliation by your employer. We previously mentioned the consequences of filing an employment claim, like being fired or receiving worse treatment as a form of punishment. Your lawyer should help you prepare for these outcomes and what you can do to protect your legal rights.
Damages that May be Recovered
If you are successful in a claim against your employer, you can receive compensation in the form of economic and non-economic damages. Potential forms of payment you may be entitled to include:
- Lost wages in the form of back and front pay
- Lost work benefits (401 k contributions, healthcare, paid time off, etc.)
- Pain and suffering / emotional distress
- Damage to your professional reputation
- Punitive damages
- Legal fees
No matter what type of labor dispute you are going through, our employment lawyers are with you every step of the way. We are more than ready to fight aggressively on your behalf and recover maximum payment. Contact us today if you would like one of our attorneys to evaluate your claim and help you determine the best way to move forward.
The Zero Fee Guarantee
Were you victimized in the workplace by illegal acts, such as retaliation, discrimination, and wrongful termination? If your employment rights were infringed, it’s essential to contact a lawyer that can sue for violations of California’s labor laws.
We provide a Zero Fee Guarantee for anyone who is eligible for compensation from their employer. As a result, we do not ask you to pay any fees at the point of hiring us. Our payment is deducted from the payment that’s paid to you at the end of a successful employment claim. If you do not get paid from a lawsuit against your employer, we make $0, and you are not charged a single penny by our law firm.
Contact California Labor Law Employment Attorneys Group today and schedule a time to discuss your rights and legal options.
