the circumstances surrounding each individual case
One of the first questions that most people ask about when they are laid off, regardless of whether they have permanent or temporary employment is, “Can I sue my former employer for unfair treatment of me?” This is a difficult question to answer because it really depends on the circumstances surrounding each individual case. The law tends to favor the employee. However, there are a few situations where an employee may be able to sue his former employer. In these situations, it may be necessary for the employee to seek help from an attorney who has experience in these situations.
Speech or music licensing laws-Many states have music or speech licensing laws that protect performers from being fired for hiring out their work. These laws vary from state to state and the performer must abide by the localities regulations. However, there are many states that do not have such laws and if the performer’s work has been copyrighted then he can file a suit. However, this is not likely to happen in the event that there is no evidence of a violation of his or her work.
Right of privacy
Many employees feel that they have a right to privacy when it comes to their interactions with their co-workers. Unfortunately, many employers disregard these feelings of privacy and they find their way to find out things about employees that they should not have. This can include finding out things about an employee’s family life or even possible infidelities. For these reasons, many employees feel that it is important for them to speak up if they feel that they are being negatively treated by their employer.
Workplace Harassment-protected by federal and state laws, employers cannot legally discriminate against their employees for any reason. They can reprimand their employees for being offensive, but they cannot fire them for doing so either. In order for a company to be found guilty of harassment, it must have been engaged in behavior that could reasonably be expected to harass another employee. Additionally, an employer cannot be found guilty of harassment just because one of their employees says something to them or does something that will likely upset or embarrass the employee. There has to be a clear and actual intent to make someone feel bad. Therefore, if you feel that your boss has been treating you unfairly for any reason, you may have a case.
Right to bargain
Protected by both federal and state laws, employees are allowed to bargain with their employers about what they feel are unfair wages, work schedules, benefits, and other employment conditions. If an employee feels that he or she has been a victim of illegal discrimination, then they may be able to file a case with the help of an attorney. The employees may present their case to the employer and try to reach a settlement. However, sometimes companies simply refuse to settle out of court. In these cases, an employee is usually forced to file a lawsuit on their own behalf. The employees are often able to receive back pay for amounts that exceed what their former employer has offered them, but cases like this may take several years before being settled.
Right to privacy- An employee’s right to privacy is the most broad. This means that an employee is entitled to the same privacy in his or her workplace as other employees. This means that an employer has to show a legitimate reason for keeping information about an employee from the general public. In addition, an employee has the right to keep his or her job, as well as the ability to be terminated at will. To many employees, these rights seem like common sense; however, employers must show a justifiable reason for keeping certain information confidential or a lawsuit may be filed.