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  • Writer's pictureLeeson & Leeson

Common Types of Employment Litigation: Navigating Workplace Disputes

Employment litigation encompasses a wide range of legal disputes between employers and employees. While many workplaces maintain harmony and fair practices, conflicts can arise, leading to lawsuits or other legal actions. In this blog post, we'll explore some of the most common types of employment litigation and what they entail.

Discrimination Claims

One of the most frequent types of employment litigation involves discrimination. Under various laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), employees are protected from discrimination based on race, color, religion, sex, national origin, age, disability, and other protected classes. Discrimination claims can arise from:

  • Hiring and Firing Practices: Allegations of discrimination in the recruitment process, promotions, or wrongful termination based on protected characteristics.

  • Workplace Environment: Claims of a hostile work environment due to discriminatory practices or behavior.

  • Unequal Pay: Discrimination claims related to pay disparities based on gender or other protected traits.

Sexual Harassment Claims

Sexual harassment is another prevalent source of employment litigation. This can involve unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. Sexual harassment claims can stem from:

  • Quid Pro Quo Harassment: When employment benefits are conditioned on sexual favors.

  • Hostile Work Environment: When pervasive or severe conduct creates a work environment that is intimidating, hostile, or offensive.

Wage and Hour Disputes

Wage and hour litigation is a significant aspect of employment law, often involving claims under the Fair Labor Standards Act (FLSA). These disputes may include:

  • Unpaid Overtime: Claims of employees not receiving proper overtime pay for hours worked beyond the standard workweek.

  • Misclassification: Allegations of employees being improperly classified as exempt from overtime or as independent contractors.

  • Minimum Wage Violations: Claims that employees were not paid at least the minimum wage required by law.

  • Break Violations: Disputes over required meal and rest breaks not being provided.

Wrongful Termination Claims

Wrongful termination claims allege that an employee was fired for illegal reasons, such as discrimination, retaliation, or breach of contract. These claims can be complex, often involving multiple legal theories, including:

  • Violation of Public Policy: Termination for reasons that violate public policy or legal statutes.

  • Retaliation: Claims that an employee was fired for engaging in protected activities, such as whistleblowing or filing a discrimination complaint.

  • Breach of Contract: Allegations that an employer violated the terms of an employment contract.

Retaliation Claims

Retaliation claims arise when an employer takes adverse action against an employee for engaging in protected activities, such as filing a complaint, participating in an investigation, or opposing unlawful practices. Retaliation can manifest in various ways, including:

  • Demotion or Termination: Reducing an employee's role or firing them for engaging in protected activities.

  • Harassment or Intimidation: Creating a hostile work environment to punish the employee.

  • Reassignment: Transferring the employee to a less desirable position or location as retaliation.

Breach of Employment Contract Claims

Employment contract disputes often lead to litigation when employers or employees fail to meet the terms of their agreements. These disputes can involve:

  • Non-Compete Agreements: Litigation over the enforceability of non-compete clauses.

  • Confidentiality Agreements: Disputes over the use or disclosure of confidential information.

  • Severance Agreements: Conflicts arising from the terms of severance packages.

Employment litigation encompasses a wide range of disputes that can have significant consequences for both employers and employees. Understanding the common types of employment litigation can help you recognize potential issues in the workplace and take appropriate action to protect your rights. If you're facing any of these situations, consulting with a qualified employment lawyer can provide valuable guidance and support.



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