Employment litigation is a very broad term. It encompasses many different types of legal disputes that happen related to the workplace. Whether it is an employee who believes they were being unfairly treated in a toxic and hostile work environment or an employee who was not paid fairly for their work, filing an employment lawsuit can be helpful in rectifying the wrongs that were done to them.
But it is not just employees that can file lawsuits against their employers. Employers also have rights that must be protected, and they, too, may file a suit against an employee. For instance, potentially, an employee was defaming their employer, or they breached their fiduciary duties to their employer. In both of these cases and more, an employer would be well within their right to sue their employee.
Employment litigation is an everchanging area of law with serious repercussions for employers who fall behind the changes in the legal climate. Examples of some notable recent employment lawsuits are as follows:
- Epic Systems Corp. v. Lewis (2018): This case involved a dispute over employment contracts that required employees to resolve workplace disputes through individual arbitration, waiving their right to participate in class-action lawsuits. The Supreme Court ruled in favor of employers, stating that these arbitration agreements were enforceable, which had significant implications for the ability of employees to bring collective actions against their employers.
- Dukes v. Wal-Mart Stores, Inc. (2011): This was a class-action lawsuit filed by female employees of Walmart, alleging gender discrimination in pay and promotion. The case attempted to represent a class of over 1.5 million women. The Supreme Court eventually ruled against the class certification, making it more challenging for large groups of employees to join together in class-action employment discrimination suits.
- Peggy Young v. United Parcel Service (2015): This case involved a pregnant employee, Peggy Young, who sued UPS for not providing her with accommodations during her pregnancy. The case raised questions about how employers should accommodate pregnant workers, and it ultimately led to changes in the law with the passage of the Pregnancy Discrimination Act Clarification Act in 2015.
- Google Gender Pay Gap Lawsuit (2017): Several former Google employees filed a class-action lawsuit against the company, alleging systemic gender pay discrimination.
- Uber Drivers’ Classification Lawsuits: Uber has faced numerous lawsuits over the classification of its drivers as independent contractors rather than employees. These cases have raised important questions about the gig economy, worker classification, and the rights and benefits to which drivers are entitled.
For the purposes of this article, our Bethlehem, PA, employment attorney at Leeson & Leeson will discuss the most common lawsuits that employees file against their employer.
There are several ways that an employee may feel aggrieved and that they were maltreated by their employer. As a result, they may decide to take legal action against their employer. The most common employment lawsuits filed by employees include the following:
Wrongful Termination
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.
Workplace Discrimination
There are local and federal laws that were designed to protect workers from having to suffer the adverse effects of prejudice. Title VII of the U.S. Civil Rights Act is one such law that does not allow discrimination on the basis of race, sexual orientation, gender identity, national origin, or religion.
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.
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, being a whistleblower 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.
Hostile Work Environment
Employers must ensure that they foster a workplace environment where their employees are reasonably safe and feel comfortable performing the duties of their jobs. However, when a workplace is hostile or threatening to an employee, as could be the case if an employee experiences inappropriate sexual behavior by a coworker, they may be inclined to file a suit.
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.
Overtime and Pay
Federal and even state laws determine what employers must do concerning fair pay. An employer that fails to comply with such laws can be held legally accountable for payment they neglected to provide to their employees.
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.
Workers’ Compensation
An employee who is injured while on the job or while they are engaging in the duties of performing their job may decide to file a workers’ compensation claim against their employer’s insurance.
Speak to a Pennsylvania Employment Litigation Attorney Today
Individuals who have been unlawfully wronged by their employer may respond by filing a lawsuit against them to recover financial compensation for their damages. Determining whether you have a suit or not is something that a Pennsylvania employment lawyer at Leeson & Leeson can assist you with. To schedule a free consultation with an experienced and proficient attorney, please call 610-691-3320.
