Business leaders and employers are responsible for the physical safety and emotional wellbeing of their employees. Modern-day litigious circles focus more on employers’ rights and legal stipulations that allow workers to sue their employers.
Many organizations make a big show of embracing and implementing worker safety laws with aesthetically designed employee handbooks and weekly circulars. But in practice, they are grossly negligent and make heinous attempts to stifle dissent and employee complaints. There are several reasons and possibilities that create solid grounds for filing a lawsuit against any employer.
This article will walk you through some common scenarios where employees reserve the right to take their employers to court.
1. Asbestos Exposure
Medical research reveals that asbestos exposure can result in deadly and life-threatening consequences. Construction workers, engineers, and other professionals are at a heightened risk of developing cancer on sites that increases workers’ exposure to asbestos. It’s a microscopic fiber present in construction materials, such as tiles and insulation. Construction workers and engineers are at the highest risk of inhaling asbestos while constructing, renovating, repairing, and demolishing properties.
Inhaling asbestos is the leading cause behind mesothelioma and lung cancer – two of the deadliest types of cancer. Employers are responsible for protecting their workers by eliminating all health risks triggered by this deadly carcinogen. If you are suffering from a life-threatening disease caused by asbestos exposure at work, consult an attorney for settlement information immediately. Narrating your ordeals to an attorney who specializes in workplace injury will prove instrumental in securing a sizable settlement.
2. Sexual Harassment
Harassment of any kind, be it sexual, physical, or emotional, is unacceptable and lays concrete grounds for a lawsuit. However, proving harassment, especially sexual harassment, demands solid evidence and typically results in lengthy courtroom battles. If a supervisor, manager, or executive leader harasses an employee sexually, the employee reserves the right to file a complaint.
The complaint is initially filed with the human resource department, and the authorities launch an internal investigation. In many cases, employers purposefully delay and derail investigators to shield the perpetrator of the attack. Many organizations are blamed for creating an environment that enables and nurtures sexual harassers.
In such cases, it’s wise to work with an attorney before intimidating your bosses and superiors at work. In some instances, employers are sued over delayed and derailed investigations. There are many cases where employers fire employees right after a sexual harassment complaint under the pretext of unrelated issues and “disciplining” efforts. If such a situation arises, it’s essential to engage an attorney immediately.
3. Unfair Dismissal
Corporate politics and bullying can give rise to unfair dismissals and angry outbursts that result in getting fired. Unfair dismissal creates reasonable grounds for a lawsuit as employers are legally mandated to provide a justifiable reason for firing their employees. Employers who believe they can hire and fire employees without due processes and accountability find themselves unpleasantly surprised.
Governments launch protective regulations to prevent unfair dismissals and curb unemployment rates. However, employees who assume they are flawless professionals and can conjure up their own reasons find limited success. You cannot rely solely on your lawyer’s abilities to create sympathy-garnering stories. The court will demand a plausible and clear reason for termination from both parties. Similarly, it’s common for managers and supervisors to dismiss hardworking and passionate employees over corporate rivalries and egoistic clashes. We’ve all heard the sad tale of a coworker or friend who got fired by an envious and competitive manager.
Dismissing employees over “bad” performance is the step-sibling of unfair dismissal and more common than the latter. Suppose the paper trail indicates that the employee’s performance is positive and productive. In that case, the employee can sue the manager or organization on the grounds of unfair dismissal. Managers must understand that performance-related dismissals must reflect through paperwork and performance paper trails.
4. Equal Employment Opportunity Commission (EEOC) Charges
Organizations that fail to adequately respond to a charge filed with the Equal Employment Opportunity Commission (EEOC) face aggressively negative publicity. It ultimately causes significant harm to their reputation. Employees reserve the right to contact the EEOC and file their complaints formally with the organization. Then, the EEOC will contact the employer and demand a plausible explanation to refute the charges.
In case the organization fails to respond to the EEOC charge respectfully as required, legal debacles will ensue. Employers who delay their responses and continue mistreating the employee can face harsh legal consequences.
5. Failure to Follow Policies
Organizations and businesses have a habit of throwing around policies and practices while dismissing and reprimanding employees. In case a business owner fails to follow these policies diligently, their negligence can result in major legal debacles.
The policies and practices designed to strengthen the HR department and workforce require rigorous implementation and evaluation. Businesses typically use their policies to defend themselves against employee complaints. If the supervisors and managers fail to adhere to these policies, legal trouble can ensue.
It’s essential to understand your legal rights as an employee. If you have suffered any emotional or physical damages at work, be sure to engage with an attorney immediately. A lawyer will help you map your options, and gain the clarity and confidence you need to fight a legal battle.