Sue your employer, but make sure they (and you) deserve it, first.
In a free country, citizens are able to sue employers for unfair treatment. This is fantastic, allowing compensation for poor treatment. Company owners have someone looking over their shoulder to make sure workers aren’t treated like slaves.
On the downside, overly entitled employees can threaten lawsuits in order to keep jobs they don’t deserve, to settle personal scores, or to receive settlements they didn’t earn. We call these people selfish jerks.
If you’re thinking of suing your employer, follow this guideline, and don’t become a selfish jerk.
Sue if:
- Your workplace has hazardous conditions that they refuse to remedy. If you work on a construction site and they’re out of hardhats, or expect you to wade through a vat of battery acid--and your job is in jeopardy if you don’t comply--they need a spanking. Spank ‘em with a lawsuit.
- Your employer is withholding monies in wages, overtime, etc. The case against Wal-Mart was a great example—employees were required to arrive at work a half hour before their shift to prepare, but were not allowed to clock in and earn wages for their time. An initial attempt to rectify the situation through other means often works before a lawsuit is required. Contact your local Department of Labor first.
- You are being sexually harassed. Particularly if harassment doesn’t end when the offender is confronted or dealt with through proper channels like HR.
- If suing will pave the way for a better workplace for others. This is a grey area—you might think that suing will absolutely create a better workplace for others, but that’s not true if what is happening is an isolated incident or personality conflict.
Consider suing if:
- You are not receiving equal pay. Consider your level of education and years of experience in the equation. The person earning more than you may be a male, but he also might have a PhD and 10 more years in the field. Also consider responsibilities and contributions to the company. If they are a stronger leader or have brought more high-profile accounts, they may earn a higher salary. Take it on a case-by-case basis. If true discrimination is occurring, sue the pants off them. Then wear the pants. You look better in them, anyway.
- You are being discriminated against. Again, consider the problem from all angles, not just gender, race, age, etc. Honestly assess your performance and worth before calling in the lawyers.
- The workplace is hostile. If you have tried to mediate with the perpetrating individuals and the company does nothing to protect you from bullying or abuse, you have grounds for a lawsuit. However, consider whether the behavior is truly abusive. There is a grey area of oversensitivity. If you or your job are being threatened, and if you are feeling emotionally besieged, the behavior should certainly stop. However, that does not necessarily constitute financial restitution.
Don’t Sue if:
- It’s personal. Revenge is not a good enough reason for a lawsuit, and certainly not for financial compensation.
- You’re mad about how things went down. You’re angry because you were fired, and know that if you work the system you might be able to use your gender, race, or other circumstances in your favor to earn damages.
- Free money! Just because you can sue, doesn’t mean you should. The system is for people who were truly victimized, not just your average schmo who wants to cash in just because he can. You may be completely in the right, left high-and-dry after being fired, but if you were job-hunting behind their back anyway, quit while you’re ahead. Don’t sue.
The copyright of the article Suing Your Boss or Workplace in Workplace Culture is owned by Melissa Dylan. Permission to republish Suing Your Boss or Workplace in print or online must be granted by the author in writing.
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Aug 19, 2008 12:23 AM
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