SHOULD I SUE MY EMPLOYER?

Twenty years ago I started my career at PCLOG. In the early days it was tough because I was a single father working the graveyard shift. My first promotion was when they made me a lead. Before I became the assistant plant manager, I was promoted four times. The new plant manager came from Home Depot. He has an online master's degree, does not know anything about natural juice, or manufacturing. He has written me up twice for things my previous managers never wrote me up for. After the initial write up I complained to the owner's son that the new plant manager was leaving the product in the system so long the dairy products we use smelled. I said when this happens the batches have to be thrown out. The plant manager found out I complained and wrote me up again. Today I found out my license could be revoked for processing spoiled product. Should I quit and sue my employer?

For the last year I have given everything to my employer. My straight pay is the most I have ever made, $20.00 an hour. However, I am not paid for any of the hours I work overtime. The overtime hours have added up. Every week I work at least fifteen hours of overtime. I am paid straight time for these hours, but do not receive time and half for my overtime hours. When I confronted my boss he said that's the way the company pays. Should I sue my employer?

SUE EMPLOYER

Deciding whether an employee should sue their employer is often a difficult question. Employees wonder what is involved in bringing a lawsuit against their employer, whether it will cost them money, and whether it will have an impact on their future employment. After representing thousands of employees since 1993 it is the opinion of Firm Founder, Karl Gerber, employment lawsuits should be brought if they can be won and the financial impact on the client's life will be substantial if they are still employed, or at least meaningful if they are no longer employed.

The Employment Lawyers Group never charges anything in order to represent an employee in a lawsuit. They advance all costs and are only paid when and if the employee collects money from their employer. This answers one very substantial question employees wonder about which is do they have to pay their lawyer before their lawyer is able to win the case.

Lawsuits for small amounts of wages cannot be brought by a private attorney. $300 in overtime, or a $500 paycheck not paid are the types of things an employee can go to the Labor Board or Small Claims Court in order to seek a remedy without a lawyer. 5,000 employees owed $300.00 in overtime is a different situation. A class action might be appropriate. $20,000 in unpaid wages is probably worth suing for. $200,000 in unpaid commission is most likely worth suing for if the employee is still employed.

Decisions about when a job should be quit, or whether a wrongful termination lawsuit will succeed are decisions that should be made in consultation with an experienced employment lawyer. Not all situations are wrongful termination in California. Some reasons for termination may stick, or be more convincing reasons for a job termination than a complaint about an employer engaging in illegal behavior in the distant past. Racial and sexual harassment needs to be severe or pervasive. It needs to be done by a supervisor or a higher level employee. If harassment is done by a coworker it must continue after the employee has complained about it, or the employer must have been previously aware of the conduct.

SUING YOUR COMPANY

The Employment Lawyers Group has succeeded in representing employees who are presently employed by the company being sued. These situations have arisen in cases of sexual harassment and unpaid wages including class representatives in class actions suing for unpaid wages. In these cases the employers have been larger employers with reputable legal counsel who advised local management not to discuss the lawsuit with the present employee/Plaintiff. Smaller employers may present problems if the employee is suing and continuing to work.

It is illegal for employers to retaliate because an employee has filed a case asking for wages, or because they have brought a lawsuit for racial or sexual harassment. Employers who actually retaliate against an employee for bringing a legitimate lawsuit may face an additional case about retaliation and/or wrongful termination.

Employees often bring workers compensation actions against their employers due to work related injuries. There are anti-retaliation provisions in the California Workers Compensation Act. Employers who retaliate against an employee for bringing a workers compensation action are subject to additional penalties under California Labor Code Section 132a. Employers may also face a discrimination and wrongful termination lawsuit if the work injury constitutes a disability or the employee is eligible for Family Medical Leave to treat for their work related injury.

Employees who have questions about suing their employer
should contact an experienced lawyer to sue their job
at (323) 525-1600.
Our law firm has represented thousands of employees in cases against their employers.