Can I Sue My Employer for Wrongful Termination or Sexual Harassment?
The relationship between employer and employee cannot always remain the same. If you are facing harassment at the workplace or fired from your job, it is possible that you can consider the question – Can I sue my employer? If you are harassed at the workplace for wrongfully terminated, you can sue your employer. This guide provides you insights into when you can file a lawsuit.
Your Employment Contract
If you have an employment contract, it will set out the terms of your employment. This can include points such as the following:
- Job description
- Pay structure
- Sick leave
- Vacation allowance
- Terms of job termination
If your employer makes any changes to the terms of your contract without your agreement, you may wonder – Can I sue my employer? Many people have faced situations where their employers reduce salaries by a significant margin. In many cases, the changes are related to the number of work hours.
Complaining to the Employer
Whether its changes to terms of employment, sexual harassment or other illegal forms of harassment, you need to know, can I sue my employer and how. The first recommended step before suing your employer is to file an official complaint with the company. Get help from the HR department to learn how you can file a complaint of discrimination or harassment. Make sure to maintain a copy of your complaint.
If your complaint doesn’t yield satisfactory resolution, you should file and administrative charge with your state agency or the Equal Employment Opportunity Commission or EEOC. In fact, it may be mandatory in your state to file such a charge before acting. This can be confusing and leave you still asking – Can I sue my employer? It is always recommended to take this step before you file a lawsuit, else there is a good chance that your case is dismissed.
Filing The Lawsuit
Usually, you will require a right to sue letter from the EEOC or your state agency before you can file a lawsuit. When it comes to decide whether to file a suit or not and how, you will need the help of an experienced and specialized attorney.
You can sue your employer not only for sexual harassment by other employees, but also for such harassment by a customer. Before you think can i sue my employer, you will be required to follow a series of steps. This includes the following:
- File a claim with the state agency or EEOC within 6 months of the incident.
- The EEOC may investigate the case.
- If the agency agrees to investigate then the process can take up to a year.
- This can also help reveal what the employer has to say.
- Once the agency is convinced, it will issue you a letter to file suit.
It is important to get the right to sue from the agency before you can file a lawsuit for harassment or any other reason of wrongful termination. You also have the right to appeal if the EEOC doesn’t find your complaint valid. Since the process can become complicated, it is recommended to get help from a lawyer if you are thinking Can I Sue My Employer?
It is important that you protect your case with experienced Employment Lawyers. Discrimination, Harassment or Retaliation should not force you to quit. Get help instead. We know how to fight against Discrimination. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell For a Free Consultation at (714) 508-6422.
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