Fortunately, neither of these things is true — although, your attorney may advise you to leave your job if he or she believes staying can adversely affect your case. If you are still employed at the time that you are suing your employer for violating your rights — be it a claim involving discrimination, sexual harassment, wage and hour law violations, etc.
You might not get warm receptions around the office, but if your employer wants to limit its liability, it should refrain from retaliating against you because of the lawsuit. Doing so is against the law. Importantly, the outcome of the lawsuit also has no bearing on whether or not your employer can terminate you.
Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis.
You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here. In order to successfully sue your employer you need to build a strong case against them and gather evidence to show that your employer has acted in breach of one of the employment laws. However, it is important that before you take legal action you ensure that you have taken all steps possible to try and resolve the matter internally with your employer.
The effectiveness of this can largely depend on the reason you are suing your employer but, if possible, you should try and talk to your supervisor or line manager to resolve the issue and iron out any misunderstandings. If you are a member of a trade union you could speak to one of your union representatives for advice and assistance. You can also seek assistance from ACAS Advisory, Conciliation and Arbitration Service who provide free and impartial information and advice and who can be contacted at any stage of your employment or work issue and must be notified before any matter is taken to the Employment Tribunal.
If these attempts fail or do not lead to the desired outcome for you then you should contact an expert employment lawyer who will, again, make sure that every attempt has been made to try and resolve the issues in question. If necessary, your employment solicitor will advise you to take the matter to an employment tribunal hearing where you will present your case including all of the evidence against your employers.
Your employer will also be able to present their case at the hearing. An employment hearing Judge will decide whether or not your case is successful and, if so, what amount of damages or other form of compensation should be awarded to you. You have the option of representing yourself at the hearing but it is often beneficial to have an expert employment lawyer representing you as they are experienced in these matters.
If you feel that you are in a position where you wish to sue your employer you should contact an expert employment law solicitor for advice and guidance on commencing the claims process. In some cases, an employee will retain employee property after their termination or resignation. If an employee feels that they did not get the amount of severance pay they deserved, or correct wages after their employment ended, they may be holding the employee property hostage until they receive the compensation they say they deserve.
This is illegal and could be considered some form of misappropriation, conversion or theft, and an employer would have grounds to sue a former employee based on these actions. While everyone can easily see how the theft of tangible property would be considered illegal, it is important to note that trade secrets are also considered property of the employer. If an employee has taken company documents, proprietary information, thumb drivers, or any other types of data, this is also considered theft.
In these cases, the trade secrets are considered to be misappropriated by the former employee. Non-disclosure of proprietary information and trade secrets is typically required in employment contracts. If a former employee goes on social media announcing some fabricated information about a company, or an employee tells a reporter what they know to be false statements regarding their previous employer, the employer may have grounds to sue.
While many employees will utilize breaks and lunch hours to attempt to find new employment or go on interviews, using company email addresses, company funds, or company property to attempt to secure new employment may constitute a breach of contract and possibly theft.
If an employee uses a company email address, which somehow proves detrimental to the company, or takes travel funds from the company to attend a job interview, the employer will easily have a cause of action against the employee. While this list is not exhaustive, it does highlight the most common reasons an employer will sue an employee or former employee. Employers have a legal right under several circumstances to sue a current employee or former employee. However, even if an employer is successful in their litigation against an employee, the employee may simply not have the funds to satisfy the judgment against them.
Nevertheless, it may be important to the employer to pursue the claim in court regardless of the ability of an employee to repay them, as it will establish a strong message to their other employees that wrongful acts are pursued to the full extent of the law.
This article was written by the law content writers at Juris Digital. Email Us
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