Employment Litigation
Employment litigation lawyers handle a very broad area of law. Legal aspects of employment can involve wrongful termination claims, health insurance regulations, workers’ compensation claims, and so much more.
Employers benefit immensely from having a relationship with a seasoned full-service law firm. LloydWinter, P.C. offers business owners in California and Texas sound legal advice and money saving services to help them focus on their own areas of expertise. Though no employer wants to have to face employment litigation, if that day comes, having a legal team that will fight for you can save your business.
Employees can benefit from legal counsel too. Sometimes there are justified reasons to sue an employer. Employers have a responsibility to create a safe working environment, follow fair employment laws, and live up to their contractual obligations. When they fail to do these things, they should be held accountable either through negotiations or litigation.
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What is Employment Litigation?
Employment litigation is the term used to describe when disputes involving employment are resolved in a court of law. Not every dispute is handled in court. Many employment disputes can be handled with negotiations, in fact. When it comes to employment disputes, the sooner each party consults with a lawyer the better their chances become.
Wrongful Termination in an At-Will Employment State
Most states are at-will employment states. That means that an employer can terminate an employee for good reasons, bad reasons, or no reason at all and without notice as long as there isn’t a specific agreement that says otherwise. Similarly, employees can quit on those same terms. Texas is an at-will employment state and so is California. Despite this, Texas has among the highest number of wrongful termination cases in the country and California isn’t too far behind. Illegal reasons to fire someone still exist, despite at-will employment laws.
Employers can’t fire someone because:
- Of their race, sex, gender identity, pregnancy status, sexual orientation, national origin, disability, religion or age.
- The employee files a discrimination complaint.
- The employee refuses to take a lie detector test.
- The employee makes a complaint to OSHA.
- The employee is a whistleblower.
ERISA Litigation: Healthcare and Other Benefits
The Employee Retirement Income Security Act is a federal law that governs most employer-provided healthcare plans and pension plans. While many ERISA lawsuits are against insurance companies, they are also frequently against employers. ERISA made it so employees can sue for denial of benefits, for firing or punishing an employee for using their benefits, and much more.
FAQs about Employment Litigation
Can I sue my employer for a workplace injury?- Workers compensation insurance protects employers from personal injury claims by employees. It’s kind of a tradeoff, because if you get hurt at work and it’s your fault, workers’ compensation can still pay out, but in exchange, you typically can’t sue your employer over a workplace injury.
- Can I sue my employee for defamation of character?
- Because false accusations made by an employee about you can cause harm to your own reputation and your business, you absolutely could sue your employee if they made false statements that have harmed you or your business.
- Can I sue my boss for inflicting emotional distress?
- If you can prove that your boss was intentionally inflicting you with emotional stressors or failed to maintain a safe workplace, and you can also prove that it caused you to suffer physical symptoms or mental health symptoms, you might have a case. It is most likely your lawsuit would be a better fit for a harassment, discrimination, or unsafe working conditions lawsuit. It’s important to document encounters as well as your symptoms in as much detail as possible.
- Can I sue my employer for changing my timecard?
- Employers must keep accurate records. If they falsify your timecard so that it doesn’t reflect the actual hours you have worked, you may have a case. Keep in mind, if your employer is altering your timecard so that it more properly logs the hours that you were actually at work, they are within their rights.
- Can my employer deny me unpaid leave provided in the Family and Medical Leave Act?
- No employer can deny you protections provided to you under the FMLA if the FMLA applies to them, but private small businesses with few employees don’t have the same responsibilities under the FMLA.
Consult With an Attorney When Considering Employment Litigation
LloydWinter, P.C. has employment litigation attorneys that will aggressively fight for our client’s best interests. As a full-service law firm with experience in smart labor and employment litigation, our team is always ready to assist you. Plus, we offer transparent monthly billing plans that business owners appreciate. If you need an employment litigation attorney, contact our team today for a free consultation.
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I am an attorney myself, and I’ve worked with hundreds of lawyers in my career. I also run a small real estate fund, and unfortunately, we got into a sticky situation with title – specifically, there was an undisclosed lien, and since we already sold the property, title insurance wouldn’t defend. I hate that title company! In any case, we were almost served with a default judgment, but fortunately, Jody and the team saved us. They’re efficient, no-nonsense, and got the job done. We didn’t need to overpay, and we got a good result. I’ve worked with Jody before, and I would not hesitate to work with his firm again.
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