Steps to follow in suing your employer
Every professional is likely to face poor working conditions at some walk of their career path. They may face office politics, bias behavior, emotional stress, discrimination, and harassment. Most of the people under such circumstances start looking for another job and quit. But, very few have the courage and resources to take on their employers for legal action and fight for their rights through employment lawyer free consultation.
Taking your employer for a legal action seems difficult as he is likely to have better resources, but that doesn’t mean that one should back off and doesn’t claim for his or her rights. Here are the steps to follow before you sure your employer:
- Check if there is any case: The first thing to check with your employment lawyer is whether you have any case against your employer or not. Sometimes, what you think as a violation of rights may not be recognized as such by law. Shouting and insulting by bosses qualify as mental harassment case only if you suffer from psychiatric problems as a result of this.
- Figure out your employment specification as per the labor laws: Not every employee falls under a similar type of labor laws. It depends on the salary structure and the employment contract that you have with the employer. Check your status as per the labor laws and read the employment contract carefully before filing the case against your employer.
- Check if there is any violation of fundamental rights or breach of contract by the employer: Certain fundamental rights are provided by the constitution of the country. If you face discrimination or harassment based on race, sex, caste, color or creed, you can easily file the case against the employer. Also, if the employer owes any dues pending from his end and denies to pay as per the employment contract, you can easily drag him to the court.
- Check for any forceful resignation or wrongful termination: Another common problem is the forceful resignation or the wrongful termination. In case, you face such a problem, you can sue your employer.
- Approach human resource department before filing the case: Contact the human resource of your company and discuss the issue with them. A company with good human resource department should be able to resolve the conflict. You can even lodge a formal complaint with the department. In case, if you are not satisfied with their response, you can then proceed with a legal case.
- Labor tribunal is cost-effective: You can file your case in both civil and criminal court as per the nature of your case and the employment lawyer free consultation. Try labor tribunal since it is cost-effective.
7. Prepare yourself for the case: Note down the history of all incidents with date and time. Collect evidence as much as possible. Fetch out older similar cases if possible. They help the court in deciding in your favor.