How to Sue Your Employer
Some workers in the U.S. decide to sue current or former employees for a variety of reasons, including discriminatory practices or workplace injuries. Both federal and state laws exist that offer employees protection from workplace mistreatment, but in some instances employee complaints are not clearly covered by existing laws. Generally, most people are able to resolve employer disputes without having to go to court, but litigation remains a useful tool for those who cannot find resolution through mediation.
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Instructions
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Write down a detailed description of your case against the employer. Include all relevant information such as names, dates, medical costs, witnesses and the nature of your complaint. Contact a human resources representative at your current or former employer and inform the representative of the nature of your complaint and your intention to file civil charges. If the HR representative offers an amicable solution, you do not need to sue, but if you cannot find a resolution, you should proceed.
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If your complaint relates to a form of discrimination covered by the Equal Employment Opportunity Commission and your employer has 15 or more employees, you should file an EEOC complaint. If applicable, also file a complaint with your state employment office. If the complaint falls under the jurisdiction of the Occupational Health and Safety Administration, file a complaint with that entity. Normally, the EEOC and OSHA are able to settle legitimate complaints without litigation. If these entities cannot resolve your case or it falls outside of the jurisdiction of these and other entities, you'll need to sue your employer.
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Contact a local attorney who specializes in employment law. Provide the attorney with your detailed description of your complaint and any supporting documents you have to support your case. Give the attorney the names of any witnesses who can verify your claims. If you filed a dispute with the EEOC, OSHA or any other regulatory body, give the attorney the documents relating to those charges. The attorney will assess your claim and handle the case for you. The attorney may reach an out-of-court settlement with your employer or allow a court to settle the case.
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Tips & Warnings
If you file a complaint with the EEOC, you must do so within 180 days from the time the discrimination occurred. The EEOC will provide you with a "notice of right to sue" if your complaint does not meet its case criteria.
If you lose a discrimination case, you may have to pay the court costs. Some disputes between employees and employers take months to resolve and become prohibitively expensive for employees to pursue.
