People sueing their former employersI am starting to hear about former employees sueing their former employers due to unscrupulous corporate tactics upon the employer. Like in my case, me loosing over 2K in vacation and sick leave because they don't "have to" give it to me, because it was just a "benefit". They even gave me an ultimatum (Resign or don't get your vacation/sick pay) Recently, I have been hearing in the news that employees are taking their former employers to court about what they've done to them out of spite or something personal. Anyhow, but some people tell me bringing these people to court will just be a waste of money in attorney fees and little chances of winning. Is this true? Well, the lawyers will get rich! Legal action is always expensive, and not just monetarily. Consider all your time, effort, and worry that would go into suing a former employer. Sometimes it's just not worth it, especially after your lawyer takes his/her cut if you do win. If your former company is a large one, they can afford to keep the lawsuit in limbo which will cost you more money. And if you lose, you could end up paying all the court costs, so you'd be even worse off than if you did nothing. Sometimes it's hard to let something go and move on, but sometimes that's the best thing to do. WB Anyone bringing a lawsuit against anyone has to really consider if it is worth it or not., but expecially so when you're talking a current or former employer. There are several factors that come into play... 1. Are you right? How much? A little right, a lot right? 2. You're right, but does it matter? It isn't illegal to be a jerk (for example), so, if you're right that the boss is a jerk, so what? Do you have a claim against something that is recoverable? 3. You're right, it does matter, but is the amount going to be worthwhile? Say you're right about (in your case) the vacation time thing. And say that amount is $2000. After you pay an attorney to consult and write letters demanding it, after you take time off your current job to go to court, after you win, and then finally they pay, then you pay your taxes on it, what will your net be? Is it going to be worth it, even in small claims? Maybe not. 4. You're right, it does matter, the amount is probably worth it, is the poor reference worth it? There are lots of things an employer can say that are truthful that will provide even the most glowing employee a poor reference. The quickest is "yes, Mary was a great worker the 3 years she was here. Too bad she's now decided to sue us." That's true, they can say it and it will definitely make the next employer run for the hills. 5. You're right, it does matter, the amount is probably worth it, you can deal with the reference issue if it comes up, but is it worth the headache? Something like this takes a HUGE amount of mental energy. It is hard to muster that energy when you have to find another job, take care of your family, start a new job, etc. So, to paraphrase Dr. Phil, would you rather be right, or employed? Yes, there are cases where a lawsuit is warranted and even called for, but honestly, I don't think there are many where all the negatives outweigh the benefit. I also always advise that the employee find themselves another job FIRST, then look into a lawsuit so that you don't run into the brick wall on references. And keep in mind, suing your current or former employer is NEVER going to result in a happy, friendly situation where you go back into your old job (or remain in your current one) with everyone all sunshine and daisies. So be very clear in your own head about what you think this is going to result in and whether that is something worth going through all this mess for.
Tess In my last job, I worked for a very large international high tech company and they had a major restructuring. I found out that there is not any law that says a company has to pay you unused vacation/PTO. I had only a couple of days of vacation and was told to use them or lose them. Nothing you can do about that one. As far as lawsuits against employers, anyone considering doing such a thing should ask them, "Is it worth the fight or not?" That means do you have concrete proof necessary to show that you were wronged. You can't just go in and say "they did this" or "they did that." I work in labor and employment law. So many people actually think that they either didn't do anything wrong or that the company did something illegal to them. Well, many times they go through a long, drawn out process of litigation and find out that they didn't have the necessary proof and were actually wrong and/or did do something wrong. When a future employer is looking at you as a potential employee, are you going to want them to find out that you had a case on a previous employer or that a case in pending on a previous employer? It's probably going to prevent you from getting an offer. Either way, an attorney who specializes in employment law for individuals is the person that needs to be contacted. They can tell you whether or not you have a worthy case.
Do not even think about going up against a corporate lawyer. Corporate lawyers have the means to ligitate. Do you? I have known a lot of people who tried to sue previous companies I had been employed with. What corporate lawyers do is they prolong the case so that you run out of money and drop the case. Some lawyers go so far to break you so that you are totally broken. Many of my former co-workers had good legitimate cases too but they did not have the money to prolong a case and to hire expert witnesses.
Of course you CAN sue them. Anyone can sue anyone else for any reason. The question is SHOULD you sue them. And the answer is, simply, no. You don't have a case. You would lose, and it would cost you a lot of money. No attorney worth their salt would take this case. From what you've said, the company has done nothing illegal. In order to prevail in court, you need to prove that they did. Doing something that pissed you off isn't enough. It has to be illegal. Let it go. Move on.
MR, Why even consider this? You have nothing to worry about. Frivolous cases make it tougher on everyone else. People who have real concerns and justifiable issues are pushed back by foolish cases and unscrupulous attorneys who take them. The rest of us suffer for this stuff. OC, A lack of large financial reserves prevents people from protecting themselves from unethical and/or criminal entities. Without that, workers do not get representation or any protection. Almost anything can be done to a worker and at any time. A lot of workers do not realize that they simply do not have the money to receive any kind of "justice" or better, protection in the case of genuine and serious violations. The OP seems not to understand the importance of court time and how little protection workers have under present law.
I'm involved a lawsuit for unpaid sales commisions ($20,000)now with a former employer. IT wasn't easy but,I found an attorney that will take my case on a contingency fee. The fee is high 33 1/3 % but at least it's not costing me a dime out of my own pocket. It's the former employee who may find himself with expensive attorney fees and have to pay me on top of that. If the case goes to court and I win he will also have to pay attorney fees plus interest on the amount they owe.
AZ, I wish you the best outcome in your quest to finally get paid for your work. It is a shame that you have to chase them down to get paid. Re contingency, If the employee is not seeking money and there is no payoff for the attorney, there is no contingency available. Therefore, the out-of-pocket expense, even if it were a fraction of the fee, is not even an option. They need to get paid just like we do and there is no payoff at the end. I can easily see the point but I wish it was otherwise. I hope you get a speedy resolution. | |
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