Employment litigation is a very broad term. It encompasses many different types of legal disputes that happen related to the workplace. Whether it is an employee who believes they were being unfairly treated in a toxic and hostile work environment or an employee who was not paid fairly for their work, filing an employment lawsuit can be helpful in rectifying the wrongs that were done to them.
But it is not just employees that can file lawsuits against their employers. Employers also have rights that must be protected, and they, too, may file a suit against an employee. For instance, potentially, an employee was defaming their employer, or they breached their fiduciary duties to their employer. In both of these cases and more, an employer would be well within their right to sue their employee.
Employment litigation is an everchanging area of law with serious repercussions for employers who fall behind the changes in the legal climate. Examples of some notable recent employment lawsuits are as follows:
- Epic Systems Corp. v. Lewis (2018): This case involved a dispute over employment contracts that required employees to resolve workplace disputes through individual arbitration, waiving their right to participate in class-action lawsuits. The Supreme Court ruled in favor of employers, stating that these arbitration agreements were enforceable, which had significant implications for the ability of employees to bring collective actions against their employers.
- Dukes v. Wal-Mart Stores, Inc. (2011): This was a class-action lawsuit filed by female employees of Walmart, alleging gender discrimination in pay and promotion. The case attempted to represent a class of over 1.5 million women. The Supreme Court eventually ruled against the class certification, making it more challenging for large groups of employees to join together in class-action employment discrimination suits.
- Peggy Young v. United Parcel Service (2015): This case involved a pregnant employee, Peggy Young, who sued UPS for not providing her with accommodations during her pregnancy. The case raised questions about how employers should accommodate pregnant workers, and it ultimately led to changes in the law with the passage of the Pregnancy Discrimination Act Clarification Act in 2015.
- Google Gender Pay Gap Lawsuit (2017): Several former Google employees filed a class-action lawsuit against the company, alleging systemic gender pay discrimination.
- Uber Drivers’ Classification Lawsuits: Uber has faced numerous lawsuits over the classification of its drivers as independent contractors rather than employees. These cases have raised important questions about the gig economy, worker classification, and the rights and benefits to which drivers are entitled.
For the purposes of this article, our Bethlehem, PA, employment litigation attorney at Leeson & Leeson will discuss the most common lawsuits that employees file against their employer.
Employee Grievances with their Employer
There are several ways that an employee may feel aggrieved and that they were maltreated by their employer. As a result, they may decide to take legal action against their employer. The most common employment lawsuits filed by employees include the following:
Wrongful Termination
If an employer was in violation of the law when they terminated an employee’s employment status, they may be subject to an employment lawsuit.
Workplace Discrimination
There are local and federal laws that were designed to protect workers from having to suffer the adverse effects of prejudice. Title VII of the U.S. Civil Rights Act is one such law that does not allow discrimination on the basis of race, sexual orientation, gender identity, national origin, or religion.
Retaliation
If an employee identifies illegal activity or unlawful acts at work, they may become a whistleblower or inform their employer of the issues. As a result, if their employer retaliates or tries to take revenge against them, an employee may take legal action.
Hostile Work Environment
Employers must ensure that they foster a workplace environment where their employees are reasonably safe and feel comfortable performing the duties of their jobs. However, when a workplace is hostile or threatening to an employee, as could be the case if an employee experiences inappropriate sexual behavior by a coworker, they may be inclined to file a suit.
Overtime and Pay
Federal and even state laws determine what employers must do concerning fair pay. An employer that fails to comply with such laws can be held legally accountable for payment they neglected to provide to their employees.
Workers’ Compensation
An employee who is injured while on the job or while they are engaging in the duties of performing their job may decide to file a workers’ compensation claim against their employer’s insurance.
Speak to a Pennsylvania Employment Litigation Attorney Today
Individuals who have been unlawfully wronged by their employer may respond by filing a lawsuit against them to recover financial compensation for their damages. Determining whether you have a suit or not is something that a Pennsylvania employment litigation lawyer at Leeson & Leeson can assist you with. To schedule a free consultation with an experienced and proficient attorney, please call 610-691-3320.