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Types of Employment Lawsuits


Posted by Insightlink on 04/13/21

Employment law is one of the essential branches of law. Sometimes the relationship between employee and employer becomes complicated. The dispute may range from improper dismissal or failure to comply by the employee and employer, respectively. Unlike the labor law, which deals with unions and collective bargain, Employment law deals directly with matters to do with the employer-employee relationship. However, these two branches of the law have been used interchangeably even though they are two distinct areas. Employment law covers areas such as workplace safety, discrimination, wages, wrongful termination, and employee liability. According to the International Labour organization, the employment rate is over three billion globally. With such a vast population, there are millions of disputes that need to be resolved.

Image by succo from Pixabay 

Role of an employment lawyer

  • The lawyer advises you on matters related to your case
  • They gather evidence and documents from previous cases to build a strong argument during the trial
  • They also help in drafting legal documents such as contracts and claims
  • They may also negotiate on behalf of their clients
  • They ensure that the agreements either on a contract or by any other means are implemented
  • They represent their clients in court
  • They also ensure that an employer complies will all the employment laws, such as anti-discriminatory and other federal laws.

The lawyer can explain to their client the applicable laws related to their case and the available options. This may include litigation, mediation, or negotiations. There are many brilliant attorneys, especially the Employment Lawyers Oshawa. With lawyers such as these, your odds of winning an employment lawsuit are very promising. Various cases in employment laws may seem nonessential but vital for either employer or employee. Examples of these lawsuits are;

Discriminatory lawsuit

The Civil Rights Act of 1964 forbids any form of discrimination in the workplace. You can file a lawsuit when you have been terminated, demoted, transferred, or denied an employment opportunity because of your nation of origin, color, gender, or religion. There is also the Disability Act that prohibits discrimination of people based on their physical disability. Each of these laws has a different procedure and the people that they apply to. Other state laws may further protect employees by determining their numbers at the workplace. 

Class action

Sometimes the employees are affected by the adverse action of an employer. Issues such as wages or discrimination may similarly affect several employees. The employees may come together and file one single and comprehensive lawsuit. The cost of litigation will be less since they can spit it.

Overtime lawsuit

The employer may be asking the employee to work overtime, and sometimes the employee does not receive wages for the extra hours they have been working. Sometimes the employees can be wrongly classified to avoid paying them over time. Wages and hour lawsuits help employees to fight for their overtime wages. 

Personal Injury Claim

Compensation claims come when the worker has been injured or becomes ill in the line of duty, maybe due to faulty engine or equipment, or sometimes due to lack of clear safety guidelines at the workplace. An employment law firm can help an employee get compensation and represent their interest if the injuries are severe and do not appear for the lawsuit. 

Third-Party Lawsuit

This is a case where the employee files a lawsuit against a company or a person other than their employer for a work-related injury. The employment lawyer discusses with the lawyers of the other side represent their clients in court.

Matters Related to Unions

An employment attorney may enlighten the employees about their union rights and advise the employers about their responsibilities in regard to union workers.

A good and conducive work environment is where both the employees’ and employer’s rights are adhered to and respected. If you feel your rights are being violated, contact an employment lawyer for assistance.

 

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