Employer Lawsuits Against Former Employees

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When Can An Employer Sue An Employee?

5 hours ago Employment law offers many opportunities for where employees can sue their employers. On the flip side, it is much more difficult for a …

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Can an ExEmployee Be Sued by an Employer? Bizfluent

9 hours ago

1. Employee Sued by an Ex-Employer. If an employee has violated a legally binding clause from the company's policies, broken a contract or agreement with the company or has violated the law in a way that harms the employer, the employer may have grounds to sue.
2. Suing an Employee for Negligence. One of the most common reasons employers contact lawyers about suing a former employee is because the employer suffered a financial loss related to the employee's negligence.
3. Breach of Contract. Employees are often sued by an employer for breach of contract after violating the provisions of a contract. Of course, in this case, the employee must have signed a contract that is legally binding under state law.
4. Limits of Noncompete Agreements. A noncompete agreement places limits and restrictions on a former employee's ability to work for competing companies or to start his own competing business for a set period of time after leaving the employer.
5. Viability of Nonsolicitation Agreements. Even in states where noncompete agreements are illegal, nonsolicitation agreements may be allowed. These contracts prohibit an employee from taking customers or other employees from the former employer.
6. Nondisclosure Agreements to Protect Information. Almost all states allow for the use of nondisclosure agreements for protecting company secrets, and if your state prohibits noncompete agreements, you can at least prohibit past employees from sharing such information with competitors in this manner.
7. Lack of Notice of Termination. When a highly qualified employee leaves a company with no notice, she can be leaving the employer in a lurch while the business spends time seeking a suitable replacement.
8. Employee Defamation Lawsuits. Defamation is one of those things that almost anyone can sue anyone for as long as there is just cause, and that includes an employer suing an ex-employee.
9. Breach of Duty of Fidelity. Employees are expected to work to the benefit of their companies while at work, and failing to do so means they have breached their duty of fidelity.
10. Lawsuits After Employee Thefts. You can also take legal action against an employee for theft. While you probably wouldn't want to file a lawsuit against someone who stole a stapler and some pens, if an employee stole a laptop and iPad, you may very well wish to sue if he refuses to return the items.

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When Can an Employer Sue an Employee for Damages? …

Just Now While an employee may not be subject to a tenable action for damages in cases of mere negligence, employers may seek damages against a former employee in cases where the employee’s conduct has amounted to more than negligence or carelessness and the employer’s losses are significant.

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13 Reasons to Sue Your Employer lawkm.com

2 hours ago Employees have a right to a safe workplace, and when it can be proved that the employer was negligent in some way, employees have a case. 8. Employment Discrimination. Discrimination is a buzzword in society. In the last few years, employment law has better defined what actions and protected classes are secured from discrimination.

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Avoiding Six Common Traps In Defending Against …

3 hours ago When a suing employee successfully files a special motion to dismiss under this law, the employer is required to pay the employee’s costs and reasonable attorneys’ fees. Accordingly, any and all counterclaims should be based on facts and legal grounds beyond the fact of the employee’s lawsuit. 6.

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The top 7 recent employment law cases you should know …

Just Now Below is a brief summary of the seven most significant employment legal cases. 1. U.S. Supreme Court Issues Landmark Civil Rights Decision. Bostock v. Clayton County, 590 U.S. (2020) The Supreme Court has issued a landmark decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination against employees based upon sexual

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Can I Sue My Employer for Unfair Treatment? E & B

7 hours ago State and local laws can protect an even broader group of workers from discrimination, like in New York where employers are also prohibited from discriminating against an employee on the basis of sexual orientation, marital status, gender identity, arrest and conviction record, military status or service, observance of Sabbath, political

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Can An Employer’s Disclosure Of An Employee’s Lawsuit In A …

4 hours ago Four years after filing her first lawsuit against SigmaTron (in which she eventually won over $300,000), Ms. Gracia sued her former employer a second time (in September 2015) after learning that the company identified her and disclosed the reasons for her termination in public disclosure statements filed with the U.S. Securities and Exchange

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Employees: Better think twice before suing your employer …

2 hours ago The reason that I did not mention these is that they very rarely happen. Retaliation -- either during employment or afterward -- for filing a lawsuit in good faith against an employer is usually illegal, and almost all employers know that. If it happens and you can prove it, you might have a pretty good case. But don't bet on being able to do that.

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13 Things Your Boss Can't Legally Do Careers US News …

7 hours ago What's more, state laws can vary. However, generally, here are 13 things your boss can't legally do: Ask prohibited questions on job applications. Require employees to sign broad non-compete

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Can an Employer Sue an Employee? Wood Edwards LLP

3 hours ago Employee Theft. Of course, if an employee has stolen a computer, printer, or other tangible equipment, an employer is able to sue an employee for theft. An employer may also file suit against an employee who destroyed property or equipment. In some cases, an employee will retain employee property after their termination or resignation.

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Employment Law 101: How to Win a Lawsuit Against Your …

323-410-03004 hours ago Fernald Law Group. 15910 Ventura Blvd., Suite 1702. Los Angeles, California 91436. 323-410-0300. www.fernaldlawgroup.com

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Defamation Lawsuits: Do You Have a Case Against a Former …

5 hours ago 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-09-01_13-27-00. If an employer (or more likely, a former employer) makes false statements about you, you might have a legal claim for defamation. Defamation is a personal injury, which means that you may be awarded damages not only for your financial losses, but also for your emotional

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Biggest Risk to Employers? Frivolous Suits? No. The (Expensive) …

1 hours ago Ultimately, the employer’s choice is something like this: (1) settle the matter early, and pay about $15,000 total to the employee and for employer-attorney fees for settlement; or (2) pursue the matter to a hearing, and pay $20,000+ in legal defense fees, AND face the risk of paying $15,000+ to the employee for his lost back pay and legal fees.

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EMPLOYMENT LAWSUITS AGAINST INDIVIDUALS Shaw Law Group

3 hours ago EMPLOYMENT LAWSUITS AGAINST INDIVIDUALS. Plaintiffs in employment law cases frequently name individual employees as defendants. Sometimes, they sue co-workers. More frequently, they name supervisors or managers, and even high-level executives up to the CEO. Suing an individual is legally justified in some circumstances.

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Husband and Wife win lawsuit against former employer

1 hours ago The company let both parents go, even though they had a baby on the way. The couple took legal action against their former employer citing discrimination, retaliation and wrongful termination. The former employer has recently agreed to pay the …

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When can an employer sue an employee for damages? Lexology

3 hours ago Summary. While an employee may not be subject to a tenable action for damages in cases of mere negligence, employers may seek damages against a former employee in cases where the employee’s

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2020 Top 11 Actions by Employers that Cause Lawsuits California …

4 hours ago Here is a look at the top 11 ways that employers can cause lawsuits. Violating Wage and Hour Laws: Employees can seek damages if there is any violation of a federal, state, or local wage and hour law. Examples of this include instances of unequal pay for men and women, a failure to pay minimum wage or overtime, or the misclassification of

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5 Things You Need To Know About Employment Class Action …

7 hours ago A class action results when multiple employees endure the same workplace discrimination or other employment law violation and join together in a single large case against the employer. Class action lawsuits can help the victims to receive justice while also deterring future violations by the employer as well as others.

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Pressure Points For Settlement in Employment Cases. Bos & Glazier

7 hours ago But often, the employee who was fired in violation of the law is able to find a new comparable job without a long period of unemployment. In that case the damages will be low, perhaps only $10,000. There is a strong incentive for the employer to pay that sum, including the attorney fees incurred by the employee's lawyer, once the employer

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Can I Sue My Employer? Common Reasons Why Employees File …

3 hours ago An employee who is the victim of discrimination or sexually harassed would typically not be considered to have suffered an “accident on the job” and therefore could not present a worker’s compensation claim. Instead, these employees would want to pursue a claim against their employer under federal law.

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Cuyahoga County Not Immune from Lawsuit Filed by Fired …

9 hours ago The law, as written, entitles political subdivisions to immunity from lawsuits by former employees, the dissent stated. “While this consequence might be undesirable for Piazza and other former employees of political subdivisions, it is not unreasonable, illogical, and/or unfair,” the dissent concluded. 2017-1649.

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Five Types Of Lawsuits That Are On The Rise—And What …

9 hours ago

1. Discrimination Claims. In the barrage of daily challenges triggered by the pandemic, many employers have been faced with tough decisions about terminations and furloughs, the return to work, and how to address employees who have a medical condition or disability that affects their ability to come into the office.
2. Claims Related to Workplace Safety. This pandemic has brought workplace safety issues to the forefront. Although many have adopted workplace safety rules such as social distancing, mask-wearing and health screening, some companies have been less cautious.
3. Retaliation and Whistleblower Claims. Retaliation/whistleblower claims can go hand-in-hand with COVID-19 workplace safety claims. These government investigations and lawsuits tend to assert that an employee was disciplined or terminated for raising issues about workplace safety or working conditions or for requesting leave for COVID-19-related reasons.
4. Employee Leave/Benefit claims. A common challenge companies now face is employees’ reluctance to return to work. Additionally, employers have to navigate new federal (like the Families First Coronavirus Response Act- the FFCRA) and/or state COVID-19 related leave laws.
5. Federal and/or State WARN Act Claims. Out of necessity, many businesses made lightning-quick decisions regarding staffing in the spring and carried out lay-offs, furloughs, or a shutdown of part of their operations.

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The 5 Most Common Lawsuits Against Employers: What You Need …

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1. Discrimination. An employee is justified in filing a lawsuit if they suspect that they were discriminated against in the workplace. Workplace discrimination violates many federal laws including
2. Wrongful Termination. Workers who believe that they were wrongfully terminated can file an employee lawsuit against the employer. Wrongful termination stems from other causes that lead to the illegal firing of an employee.
3. Harassment. Perpetrators of harassment can be managers, supervisors, coworkers, or even clients. Harassment can come in different forms including sexual, or just plain bullying.
4. Workplace Injury. About 2.9 million injuries and illnesses at the workplace were reported in 2016. Employees are responsible for any injury that occurs to employees in the workplace.
5. Wage Violations. Lawsuits concerning wage violations are also common for businesses. The laws regarding the minimum wage, child labor, and overtime are outlined in the Federal Labor Standards Act (FLSA).

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Common Types of Employment Lawsuits Rossman Law

9 hours ago

1. Wrongful Termination. Some employees get laid off or fired for unfair or false reasons; sadly, managers may look for loopholes to get rid of employees and make their reasoning look legitimate.
2. Discrimination. Another type of employment lawsuit is discrimination. Employers or even coworkers might discriminate against employees due to their age, race, gender, religion, sexual orientation, or disabilities.
3. Workplace Harassment. Keep in mind that there’s a difference between harassment and discrimination. Harassment involves inappropriate behavior toward a specific individual.
4. Refusal to Correct Payment Mistakes. If you notice a paycheck is significantly lower than previous paychecks when you worked the same number of hours, you might be able to claim a lawsuit for unfair pay.
5. Workplace Injury. If an employee gets injured on the job through no fault of their own, employers cannot try to argue against their employee’s injury claim.

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How Much Can I Get When Suing My Employer For …

21.086.4178 hours ago

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Employmentrelated claims against small businesses are rising CDA

7 hours ago Federal discrimination lawsuits against Coca-Cola, Ford Motor Company and Wal-Mart tend to make the headlines with their multimillion-dollar settlements, but under the protection of state laws, California workers at smaller companies, including dental practices, can file lawsuits claiming that their legal rights as employees have been violated.

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How Employment Lawsuits Can Ruin Your Small Business HuffPost

6 hours ago Lawsuits are nasty--as discussed by American Express, many lawsuits cost small businesses upwards of $270,000, and it's not unknown for these lawsuits to reach $1 million or more. That could be more than the entire annual revenue for your company. Here are the ways that employment lawsuits can hurt your business--and what you can do as part of a strategy …

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These lawsuits against an employer will make it hard to land a new …

Just Now These lawsuits against an employer will make it hard to land a new job. It used to be employees had reason to fear suing their employers. While these days it is often the employer's reputation at risk, there are still certain cases that can make an employee an undesirable hire. Author of the article:

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Civil Employment Lawsuit Process Bohm Law Group

3 hours ago

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Understanding Employee Lawsuits (Most Common & How to …

7 hours ago Wrongful termination lawsuits are generally filed when an employee feels they have been fired for an inappropriate reason. Generally these lawsuits hinge on the employee’s contract (in writing or even “implied”), and to avoid a lawsuit, employers must prove the termination was a …

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Employee Lawsuits Are Costly Risk & Insurance

8 hours ago In New Jersey, for example, two brothers sued their former employer for racial discrimination, hostile work environment and retaliation under the New Jersey Law Against Discrimination (LAD). The jury awarded them $2.5 million in damages, including $800,000 in emotional distress damages to one brother, and $600,000 to the other.

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Top Reasons Employees Sue Their Employers The Prinz Law Firm

21.086.4171 hours ago

1. You may not feel like every employee needs to be treated like royalty, but they should be treated with respect. If an employee feels like they were treated poorly, including being fired without a given reason, they could feel dehumanized and take legal action in response.

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Filing A Lawsuit Against My Employer for Improper Wages: Can I …

2 hours ago Minimum Wage Requirements: The FLSA, which is the federal labor law, provides that all employers must pay workers a minimum of $7.25 per hour, or $2.13 per hour for employees whose income amounts to more than $30.00 per month in tips. States are allowed to require a higher minimum wage rate and New York State laws offer greater protection that

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What to Expect When You File A Lawsuit Against Your Employer …

8 hours ago A step by step guide to a lawsuit by an employee against their employer. Step One: Evaluating an Employee's Case Against Their Employer Here we discuss the facts of your case, the problems at work, what you know, what you do not know, any documents, possible witnesses, and your concerns about filing a lawsuit.

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Common Types of Employment Lawsuits Swenson Law Firm

4 hours ago There are a wide variety of disputes that can arise between employers and their employees. Some of the most common types of employment lawsuits include: Discrimination. The law sets forth certain “protected groups” and prohibits discrimination in the workplace based on race, color, religion, sex, national origin, age, disability and genetics.

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Employee Lawsuits: Costs, types of suits and 2017 employment …

3 hours ago 24% of employment charges resulted in defense and settlement costs, up from 19% in 2015. $160,000 – average cost for claims that resulted in defense & settlement payments, up from $125,000 in 2015. Frequency of charges. Hiscox notes that a typical charge can involve more than one claim. 45.9% Retaliation. 35.3% Race. 29.4% Sex. 30.7% Disability.

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The 5 Most Common Lawsuits Filed Against Businesses The …

21.086.4173 hours ago

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How to Start a Workplace Claim Against Your Employer Nolo

4 hours ago 1. Talk to Your Employer. In many cases, your first step should be talking to your employer. An intelligent discussion can resolve most problems or, at least, get your differences out on the table. Most companies want to stay within the law and avoid legal tangles.

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Workers Win Only 1% Of Federal Civil Rights Lawsuits At Trial …

1 hours ago A new analysis of employee lawsuits finds a low success rate for discrimination, harassment, or retaliation, and highlights the U.S.’s most-sued employers. [Photo: Flickr user Giuseppe Milo ] By

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How To File A Lawsuit Against Employer For Unfair Treatment …

1 hours ago Employees who proceed with legal action and sue their employers for unfair treatment in the workplace may be entitled to compensation. The first step to filing a lawsuit against an employer for unfair treatment is to speak to an employment rights attorney about your case. The second step, if advised by your attorney, is to start keeping records

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Uber Lawsuit (2021) Uber Class Action Lawsuit Join now Gibbs …

3 hours ago Past Uber Class Action Lawsuits. Starting in 2013, a class action lawsuit against Uber challenged the company’s claim that tip was included in the overall fee charged to customers (so customers didn’t need to tip), and argued that Uber drivers were misclassified as independent contractors under California law. According to the lawsuit complaint, Uber drivers are actually …

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Former employee sues City of The Dalles; racial discrimination, …

9 hours ago The lawsuit is for $750,000 for “economic damages, non-economic damages, costs and attorneys’ fees,” Swift said. “We have also asked the court for injunctive relief prohibiting the City of The Dalles and David Mills from engaging in further employment discrimination against Mr. Ascencio and other workers of color at the city.”

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What to Expect If You Sue Your Employer HuffPost

6 hours ago Federal laws protect against retaliation for certain protected acts, such as reporting sexual harassment, discrimination, and some types of "whistle blowing." But federal law also permits employers to fire such employees for legitimate reasons -- such as theft, making threats, or acts of violence.

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Walmart Lawsuits and Settlements The Law Advisory

1 hours ago Sam Walton, a successful businessman and a former employee of the company J.C. Penney purchased a franchise of the Ben Franklin stores from their owners Butler Brothers in 1962 at Arkansas. He aimed to sell the products at lesser prices from the market to increase his sales volume at a low-profit margin.

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U.S. and 5 States Add Firepower to Whistleblower’s Claims Against …

Just Now The Employment Law Group® law firm filed the case in 2013 with close help from the Law Office of Mark Allen Kleiman, making it the earliest effective complaint against Insys (NASDAQ: INSY) under the federal False Claims Act and other laws for the company’s promotion of SUBSYS. The FCA encourages individuals to blow the whistle on fraud

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Can My Employer Fire Me For Suing It For An Unpaid Bonus In …

4 hours ago An employer may not lawfully fire an employee for bringing an arbitration or a lawsuit alleging that the employer violated N.Y. Labor Law § 193 (1) by withholding from the employee his unpaid bonuses. Rather, such a firing would give the employee a cause of action for retaliatory discharge under N.Y. Labor Law § 215.

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EPLI 2019:Trends, Sexual Harassment Claims and Planning Report …

Just Now 2019 Employment Practices Liability Insurance EPLI Trends Report is an overview of the risks,exposures employers and carriers face:Pay Equity Lawsuits,Medical Marijuana, Website Accessibility

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Frequently Asked Questions

What are the 5 most common lawsuits against employers?

The 5 Most Common Lawsuits Against Employers: What You Need to Know 1. Discrimination. An employee is justified in filing a lawsuit if they suspect that they were discriminated against in... 2. Wrongful Termination. Workers who believe that they were wrongfully terminated can file an employee ...

Can a company be sued for unfair treatment?

State and federal laws prohibit may types of unfair workplace treatment. Employers who discriminate, harass, or retaliate may be sued for treating their employees unfairly. Employees who proceed with legal action and sue their employers for unfair treatment in the workplace may be entitled to compensation.

How to file a lawsuit against employer for unfair?

Employees who proceed with legal action and sue their employers for unfair treatment in the workplace may be entitled to compensation. The first step to filing a lawsuit against an employer for unfair treatment is to speak to an employment rights attorney about your case.

Can a former employee be sued by an employer?

The lawsuit doesn't always have to be for financial gain but also can be for the purpose of stopping an employee from taking particular action, such as working for a competitor, or to force him to take an action, such as returning stolen property. Some of the most common causes of lawsuits against employees are: Negligence. Breach of contract.

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