Last week, we talked about 20 points an employer need to ask itself prior to terminating an employee. In the interests of fairness, here are 10 points that an employee need to ask prior to suing an employer. You have to know that I mainly do not think that lawsuits are the best means to resolve problems. (I realize that tbelow are exceptions.)BEFORE YOU GO ON, PLEASE READVERTISEMENT THIS!!!! I recurrent employers just, not employees or applicants. This blog never before includes legal advice, and especially not this particular day. Reading this blog is no substitute for consulting with your own lawyer that is (1) on your side and (2) understands your instance.
You are watching: Can i sue my boss for talking behind my back
You still care what I think? Great! Here we go.
(Click on image to enbig and also laugh.)1) Are you pretty confident that your employer didn"t simply treat you inconsiderately, or unfairly, or stupidly, however actually violated the law?
It"s not against the legislation to be an unfair employer, as unfair (heh)
as that may seem. Even though I rail on a continuous basis versus employer favoritism, unfairness, bad interaction, and the choose, it"s not because these points are illegal -- it"s bereason (a) they encourage employees to file lawsuits, and also a baseless lawsuit is an expense and hassle that most employers don"t need, and also (b) being fair and even-handed through employees is the appropriate thing to do. If your employer is a garden-range jerk, then your ideal bet might be to uncover one more task.2) If you think you were discriminated versus because of your race, sex, ethnic background, and so on, have actually you compared exactly how co-workers of different backgrounds were treated?
Do you know the specifics of their situations? Probably not, bereason you"re the employee and also do not have accessibility to every one of that indevelopment. It"s possible that they had actually some extenuating scenarios that did not use to you. It"s likewise possible that they were treated exactly the exact same method as you however you don"t know it bereason personnel information around your co-employees is confidential.3) Do you have any back-up?
Are tright here employees or previous employees who agree that you were treated unlawfully? Will a manager or supervisor say that? Or is everybody either proactively siding with your employer or continuing to be much ameans from you?4) Do you still work for the employer you desire to sue?
Have you really thought around how miserable this is going to make you in your job? I"m not talking around retaliation - I"m talking about your own feelings that co-employees are looking at you funny (whether they are or not) and also that your bosses are picking on you (whether they are or not) bereason they understand (whether they carry out or not). If you can"t stand also that constant stress and anxiety, then quit and gain a job somewhere else prior to you sue. If you can not afford to quit, or don"t think you can get a job somewhere else, then provide major consideration to trying to handle your trouble in some other way.
"They"re all talking around my lawsuit - I simply recognize it!"5) Speaking of dealing with your trouble in some various other way, have you tried to perform that?
If you feel that you"ve been harassed, or discriminated versus, or retaliated versus, or denied a reasonable accommodation that you deserve, or not passist appropriately, have you talked to someone in your agency around it? If you have actually an HR department, have actually you tried to gain their help? Even if you do not have actually an HR department, is there a reputable person in a administration function you deserve to talk to? A union representative? A lot of employment worries can be resolved internally. The benefit of getting them refixed internally (if possible) is that you deserve to normally proceed working in tranquility, and also - if you have a true "legal" concern - get it readdressed prior to you experience as well much damage. Even if it turns out to be a non-legal "fairness" concern, most employers want to hear around those and also deal with them, too. One even more benefit - if you did your best to settle it internally, you will be in a more powerful legal position if you carry out ultimately need to sue. (NOT LEGAL ADVICE)6) Have you consulted via a reliable person that has expertise in employment law, and I do not expect me or this blog.
Have you consulted through an honest-to-goodness live, non-digital employment lawyer, or someone via a federal government firm that handles your form of claim, such as the Equal Employment Opportunity Commission or your state Wage and Hour Division? Do you have a friend who is an employment lawyer or HR professional that could have the ability to offer you some cost-free (and also sound) advice? If so, have you given them all of the facts, both good and bad? What execute they think you need to do? If they"re encouraging you to "build a bridge and gain over it" or "quit," then perhaps suing isn"t such a great principle.
"Inquiring minds desire to know!"7) If you"re planning to sue for emotional distress and anxiety, are you prepared to have your entire life exposed?
If you insurance claim emotional distress in a lawsuit, the employer is usually entitled to find out all around any trauma you might have suffered, including physical and also sexual abusage, mental problems, psychiatric conditions, illness, divorces, plastic surgeries, mishaps, crimes, arrests, and deaths. The employer deserve to likewise get your medical and also psychiatric documents, at leastern within borders. If the employer finds out that you had any of these other points going on in your life, then it can argue to a judge or a jury that whatever it did to you ("all of which the Defendant denies"
) was not that huge a deal.8) Do you have actually any other skeleloads, and also are you ok with having them come out of the closet?
How many kind of work were you fired from before you got fired by this employer? Were you accoffered of embezzlement on your last job? Sexual harassment? The employer will be able to subpoena your personnel records from your previous employers. And are you ok through sitting across a table from your previous co-workers and supervisors while they testify under oath that you were a lousy employee?
"Placed those Oreos down and also get back in the clocollection NOW!"9) Have you thought about what you really want out of your lawsuit?
Do you require a quick $5,000 so you have the right to make a dvery own payment on a Honda Civic? Do you desire a zillion dollars so you have the right to buy that oceanfront mansion in Palm Beach, preferably via an infinity pool? Do you desire nothing more than your just compensation for the wrong that has been done to you? Do you want to vshow not just yourself, however every one of your co-workers? Do you desire blood, and you do not care what you need to do to gain it? Depending on your goal, the litigation will be even more or less of a living hell for you.10) Have you taken into consideration the fact that you might go with all of this hardship, hassle, and also trauma for a pair of years, and wind up through nothing?
It"s referred to as "faiattract to state a claim" or "summary judgment." It happens. Sometimes even a jury will stiff you.Are you absolutely sure you don"t want to simply quit and also go to work somelocation better?Comments from employers, employees, and also plaintiffs" lawyers are welcome!. . . AND ALSO OF INTEREST . . .Now that"s persistence.
The United Auto Workers union is going to gain an additional election at Volkswagen-Chattanooga, but now it"s focused on a "micro-unit" of expert tradesmales. David Phippen has the story on why "small is beautiful" for the UAW.
See more: What Happened On March 2Nd That May Have Angered Bostonians? ?Image credits: From flickr, Creative Commons license: "Lawsuit" demotivational poster by thinboyfatter; paranoid by Aaron Tait;
National Enquirer cover by torbakhopper; skeleton at the supermarket by Mike Mozart.