You should never feel unsafe or disrespected in your working environment. If your employer fails to respect your rights, you may be entitled to take legal action against them. Unfortunately, suing your employer can often be tricky, time-consuming, and emotionally draining.
In this article, we’re going to go over 11 things to consider before you decide to sue your employer.
1. Have You Tried Resolving the Problem With Your Employer in Other Ways?
Before you decide to go through with the long and usually arduous process of suing your employer, it’s a good idea to try to resolve your problem in other ways first.
Are there any higher ups you can talk to? Can you come to an agreement that you feel comfortable with outside of the use of the law? In many cases, but not all, giving your employer the opportunity to make the situation right before you get the law involved is the less stressful and time consuming route.
2. Are You Confident Your Employer Violated the Law?
Acting outside of the law and acting rudely, inconsiderately, or unfairly are often two separate issues. The legal system doesn’t cover every situation, and there are times when hard-to-tolerate actions are still technically legal.
Before you decide to hire an employment lawyer, consider whether your case is truly a legal issue. Sometimes the best thing to do is just get a new job rather than suing your employer for something that doesn’t end up being necessarily illegal.
3. If You Think You Experienced Discrimination, Do You Know How Coworkers of Different Backgrounds Were Treated?
If you think you have been discriminated against in your workplace for your race, sex, ethnic background, disability, or something else, it’s a good idea to ask around and get a read on the broader situation before getting an employment attorney involved.
If many of the people at your workplace have experienced discimination, you may have a bigger case on your hands that could be more likely to win in the court of law. If you cannot find anyone who is willing to speak up about a similar experience, your case will likely be much harder to prove.
4. If You’re Planning to Sue Your Employer for Emotional Distress, Are You Ready to Have Every Past Experience in Your Life Exposed?
If you’re planning on hiring an employment lawyer to help you sue your company for emotional distress, it’s very likely that your employer and their legal team will try to dig up anything negative that they can about your personal life and career.
This is more than just the way you acted at other jobs. This can often be very personal information that may be difficult and embarrassing to be aired to the public. Consider the emotional distress you may go through before suing your employer.
5. Do You Have Anyone Who Can Back You Up?
Do you have anyone at your workplace or outside of it who can be a witness to the illegal treatment you have faced at your workplace? Having people who will back you up in the court of law can help convince the judge of your hardships and help you win your case.
6. Do you have documented evidence that can back you up?
Evidence is one of the most important things you’ll need to win your case. If you’re lacking evidence, then the judge will have a hard time agreeing that you have been illegally mistreated in your workplace. Make sure you have a solid amount of evidence to show your employment attorney before you commit to suing.
7. Do you have any skeletons in your closet, and are you OK with them becoming public knowledge?
Have you acted unprofessionally at jobs before? The employer you’re suing will be able to subpoena your personnel files from all of your past employers and your past coworkers will likely be called the stand under oath. Make sure you think this through very carefully before you decide to go to court.
8. Do you still work for this employer, and can you handle extra stress at work until your legal issue is resolved?
If you’re miserable at your job now, imagine how much more miserable you will be when you have to come face to face with the employers you’re suing every single day. If you’re planning on hiring an employment lawyer and suing the company you work for while you’re still employed there, consider the immense stress it may bring upon you.
If quitting is not a financial option right now, you may want to take extra care before choosing the legal route. It may do your situation more harm than good.
9. What do you really want out of this lawsuit?
Ask yourself what you’re really looking to accomplish out of this lawsuit. If you know the answer to this, consult with an employment attorney to see if your goals are actually attainable. If it doesn’t seem like you have enough evidence or witnesses to win your case, you may want to reconsider your legal battle.
An employment lawyer can help you decide whether your case has a good chance and whether you are likely to achieve the outcome you are looking for.
10. Are you OK with taking the risk that you could go through legal hassles for years and come out with nothing?
Taking anything to court is a risk because the outcome is always very uncertain. Make sure you’re okay with taking this leap before you decide to go through with hiring an employment attorney and bringing your employer to court.
There is a big possibility that you could experience legal hassles for years to come and wind up with no resolution. You should be 100% sure that this is the route that you want to take before moving forward.
11. Have you consulted with someone who has legal expertise?
Talking with an employment attorney before you take your employer to court is extremely important. Your legal advisor can help you understand your case more thoroughly and prepare for the court date. Your employment lawyer may also be able to help you learn about other legal options.
Are you looking for an experienced employment lawyer for your case?
The Anderson Hunter Law Firm has some of the most experienced, thorough, and caring employment attorneys and legal professionals in Snohomish County. We can help you investigate your employment law case and consider alternative options. If you are looking for employment-related legal advice, contact us today.