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Every year, many thousands of people launch legal action against their employees for a number of reasons. From accidents at work to harassment or infringing your employment rights.
If you think that your employer (or ex-employer) has a case to answer, then you might want to look at this option. So what do you need to think about when it comes to instigating legal proceedings?
The severity of the case
There are a lot of potential reasons to sue your employer. Some are more serious than others. If you believe your employer has been criminally negligent, then you should contact a legal professional to assess your case. Certain attorneys may specialize in different sectors, for example, a construction accident attorney or vehicle accident attorney.
They will understand the complexities of their particular sector and be able to give you the best advice.
The financial impact
While most people would like to think that the decision to take their employer to court is an ethical one, there is also the financial impact to consider. Will you be negatively impacted in any way either by bringing the lawsuit or not bringing it?
The advice you are receiving
It’s very important that you get good advice from either your legal representative or your workplace rep. You wouldn’t want to launch a legal campaign that you had no chance of winning.
Whether or not you’re willing to compromise
For every case that makes it to court, there are hundreds, if not thousands that never get that far due to settlement at an earlier stage. In many cases, even if a company feels it does not have a case to answer, it may still make financial sense to them to make it go away rather than spending the time and resources fighting it. When you are in legal proceedings you will have to give this some thought as to whether or not you’re prepared to compromise and perhaps take a settlement.
The effect on your career
Your reputation is an important part of your career progression and you need to consider how legal action would impact your future job prospects. This could be in a positive or negative way. For example, if your case was seen to be without merit or opportunistic, then an employer might be reticent to hire you, fearing that you would do the same to them. However, the opposite can also occur. Your actions may be seen to be that of a principled and ethical professional who is not afraid to stand up for what they believe in.
Final thoughts
Legal disputes with your employer can be a difficult time for you and your family. Before you go ahead you want to take everything into consideration to ensure you have the best possible chance of succeeding. With good advice and representation, you can fight your case well and maybe even bring about change within the workplace going forward.
