Consider Pros and Cons of Suing Your Employer Before Filing a Lawsuit

August 23, 2022    Civillawyers
Consider Pros and Cons of Suing Your Employer Before Filing a Lawsuit

If you have been discriminated against by an employer, you may want to sue them. But before you do so, you need to think if it is worth suing your employer, and maybe you will not receive a straight answer from a lawyer. You must consider a number of things before deciding to sue your employer.


You need to weigh the advantages and consequences of suing your employer, who has done unfavorable things to you. You can also take the help of an employment lawyer for advice in such circumstances. In this blog, you will learn some of the pros and cons of suing your employer.


Factors that You Need to Consider before Suing Your Employer

Some of the important factors that you must consider before suing your employer are as follows:

• Is the employer you wish to sue your current or former boss?

If you are going to sue your present employer, they may become your former employer after all the legal procedures. This can be an exception if you work for the government. Employment discrimination laws prevent retaliation against filing complaints.


But these laws cannot change the two following outcomes:


1. Your employer might ignore the prohibition against your retaliation and may end your employment, strengthening your claim against your employer.


2. The end of your employment will be a part of the settlement agreement.


There are chances that your former employer will rehire you and pay you lost wages to end the conflict and resolve all matters. It might be hard to think that you will be welcomed with open arms by the individuals for whom you sued your employer.


Even if they are no longer a part of the workplace, you may not work with other people who may think you got fired for the right reasons. Lawyers can help you settle things so that the same things do not happen again. But if you are going to sue your current employer, they will likely become your former employer in the future.

• Time and only time

Sometimes, you may think that the claim is taking longer than you thought it would. Even for the most obvious claims, it may take a long time. For instance, you may inform your employer that you are pregnant, and they might fire you by saying, ‘when did you marry and get pregnant? I will not allow any pregnant women to work here.’


This is the worst case of types of discrimination at work you may suffer in your life, but even after this, the employer has a right to defend themselves for their decisions. There is no judge who will take a look at your complaint and immediately declare you the winner.


Your employer may act in a rational manner to prevent any further damage to the business, but there is no assurance even if you have employer lawyers in Perth providing you support. The employer might spend years requesting documents and other things to test your energy and patience.


• Paying money

When you hire a lawyer to bring your claim, it will cost you some attention and money. You might not be left with any other choice, but you will have to hire the services of individuals who will charge you by the hour and give your case proper attention. If there are lawyers who take advance payments, they may not be able to provide the case with the attention it needs.


In employment law, all the cases are unique and sensitive; the lawyer needs to do hard work and dig deep into the root of the case to know about facts and help their clients. It is not easy to provide a timeframe of when the case will be settled and how long it will take.


Sometimes, the value of the settlement may depend on the income of the client and the skills that the lawyer has to present evidence and facts before the employer. This indicates that an employment lawyer will be involved in every step of the case, which means that you must provide them with money for quite a long time.

• This will be linked to your permanent record

One thing about suing your employer is that it is going to be part of your permanent record. When you file any form of a lawsuit, it becomes part of a public record that people can easily find online if they are aware of where to look. If your case becomes popular, finding your case online will not be tough, and only a simple Google search can help.


If you work within a small industry, there are chances that the news of your lawsuit will spread everywhere. There might be problems due to the significance that your case will receive. There have been countless organizations worldwide where there have been lawsuits due to employees and employers. A lawsuit only occurs when a situation blows out of proportion, and there are no resolutions available for those.


Check out Tips To Choose Employment Lawyer before hiring an employment lawyer to file your claim, you must accept that filing a lawsuit against a former employer might make you the victim of consequences and show you in a negative light to future employers. Employers who are smart will look to dig deeper before coming to a decision, but as we know, not all employers are smart.


Is There Any Upside to Such Decisions?


Damages in employment cases are mostly tied to your income, which indicates that the higher you earn, the more chances there will be for damages. This might sound bad for you in many ways, but the same behavior can be worth much less if done to an employer who earns less and is going to hire a lawyer to fight for their rights.


But it can be worth a lot if done to the highest paid employees with the resources available to survive longer without being paid regularly. They are also likely to hire a lawyer to fight their case. One thing that is not going to change is that the damages in employment law will be tied to employment losses, which are part of the function of the rate of being paid. You may need to look for another job to reduce damages.


Pros and Cons of Suing your employer of Suing Employers –


As many experts and departments of fair employment explain, there are several types of discriminatory behavior in the workplace that are unlawful. If your boss sexually harasses you, you are not treated the same based on your religion, race, or gender, or you are not provided accommodations to work with a disability, you can file a lawsuit for discrimination.


You will also be eligible to sue your employer if you are not provided work opportunities due to a specific requirement that can affect your protected class. You can also file a lawsuit with the help of employment lawyers in Perth if you are a hostile work environment victim. There are a number of situations where rights in the workplace may be unprotected, and you can file a lawsuit for these situations.


The benefits of deciding to sue your employer if you were discriminated against are as follows:


  • One of the initial benefits of suing your employer is that you can help stop discriminatory, harassing or any type of unlawful behavior to stop. This can benefit you and the other people in the workplace. This can make your workplace safer and a better place to work.


  • When you sue your employer, it can also benefit the present and future employees who can avoid having their work opportunities or work lives in trouble due to unlawful discrimination.


  • If you have decided to file a lawsuit against your employer for bad behavior, you must also acquire a legal remedy for the unlawful behavior you suffered. There are many companies who will often settle for a great sum of money, or you might obtain financial compensation via award damages in employment litigation.


  • To compensate for the harm you suffered is essential, and this is a big advantage in suing your boss. This could help you, especially if you were forced to leave your job if you were not promoted due to discrimination and experienced a loss of money due to that.


Some of the drawbacks of suing your employers are as follows:


  •  One of the most significant downsides to suing your employer is that though your employer, by law, should not retaliate against your claims to work in a place free of discrimination, they will look for ways to take action against you.


  • Your employer may look for any mistakes you made at work and use that mistake as an excuse to fire you from your work. They will do it if they are not happy that you filed a lawsuit against their company.


  • By filing a lawsuit against your current employer, you may feel uncomfortable working in their company and start looking to work somewhere else. You can also be the victim of false allegations about your character that can be uncomfortable for you to bear.


Contact Civil Lawyers Perth


You may need the assistance of employment lawyers if you are going to file a lawsuit against your employer. But before you do so, you must consider the pros and cons of filing a lawsuit against your boss. You can contact Civil Lawyers Perth for the best lawyers to help you get justice in your potential lawsuit against your employer.

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