Can You Sue a Company for Unfair Pay

Can you sue your employer for unfair treatment? The short answer is: Yes, you can sometimes, but not always, and not for all kinds of injustices. While most American workers expect to be treated fairly in the workplace, the reality is far from that ideal. While unfair treatment in the workplace abounds, not all unfair treatment in the workplace is a ground for legal action. Because of the nefarious rule known as “employment at will,” employers have a lot of leeway to treat people unfairly and fire them for whatever reason. Legal claims arise only if the unfair treatment violates a certain law, an employment contract or if it is so serious that it can be sued as civil damage. Minor injustices such as unequal application of rules, unequal allowances or unfair standards are often not serious enough to appeal. When an employer`s unfair treatment reaches the level of extreme behavior such as aggression, abuse, threats, restraint, harassment or any other physical or mental abuse, it may be punishable under various theories of customary law, such as intentional infliction of emotional stress, unlawful coercion or civil assault. Complaints about labour and/or labour law can become quite complicated. In some cases, you may need to have a thorough knowledge of the federal and state labor laws that apply to you. So if you have questions about unfair wages or are involved in a dispute about unfair compensation in the workplace, it may be in your best interest to consult a local labour lawyer as soon as possible. In all cases, an employee who believes they have received unfair pay for their work should first collect and organize evidence to support their claim. Here are some examples of such evidence: One type of injustice that is illegal is discrimination.

Federal, state, and local laws prohibit any unjust treatment of any kind if it is based on certain “protected classes” such as race, gender, religion, national origin, and many others. If the unfair treatment is based on one of these categories, it is likely to result in legal action. Employees are often employed under contracts. Executives often work under contract. Unionized workers are parties to collective agreements that govern their employment. Sometimes a company`s own policies create an “implicit employment contract.” If unfair treatment violates the terms of an agreement, it is presumed to be challenged in court. 1. Review your employer`s policies. Many employers will give you a job manual or manual when you start a new job. Check this to see what policies might be in place to protect you. Look for policies regarding compensation, task assignment, promotion procedures, and/or discrimination.

Find out what your company`s claims process looks like and pay close attention to deadlines. There can be several remedies for issues involving unfair wages in the workplace. To report unfair wages, an employee must first file a complaint with a state or federal agency that oversees unfair compensation issues, such as the Equal Employment Opportunity Commission (“EEOC”). Discrimination in pay is also considered unfair pay. Federal, state, and local laws prohibit paying employees unfair wages. You work hard to get your boss to make money, and you shouldn`t have to look for the money you`ve earned. In America, most workers rely on the biweekly paycheck to pay rent and take care of their families. Live from paycheck to paycheck and work as hard as possible. It is unacceptable for an employer not to pay its employee.

It is illegal for an employer to withhold the income of its employees. It is a theft of wages under federal and state labor laws. YES, you can sue a business for not paying yourself. In fact, many employees contact me and learn that they are also owed money for missed breaks and lunch breaks. Please call me; I have your back. The New York State Labor Act states that employers cannot pay a lower rate to female employees who perform work equivalent to that of male employees of the company. New York`s equal pay laws also state that employers cannot prevent workers from discussing or disclosing their wages. The body receiving the complaint then reviews the complaint and initiates an investigation. If the agency does not find evidence of what the employee claims, it will finalize the case and issue the employee with a “right to sue” letter. On the other hand, if the agency determines that the employer is breaking the law or has committed the actions alleged in the complaint, the agency will publish an appropriate solution (for example, changing company policies). Apart from the illegal practices mentioned in the section above, other issues that may be associated with unfair remuneration in the workplace are: As you can see, there are many opportunities for an employer to engage in illegal practices with unfair wages.

So, if you think your employer hasn`t paid you fully for your work, it may be in your best interest to contact a local labor lawyer right away. A lawyer can analyze your situation and determine if you can sue your employer for damages. An employee should also consider preparing a written breach report to ensure that a record of the events that led to the incident were recorded. If possible, this file should include contact information and testimonies of those who witnessed or were victims of the unfair wage violation. To decide what counts as “similar work,” a court would look at the actual work you do, even if you have different job titles. An employer is also not immune to the simple fact that some male employees earn the same or less than an employee – in this case, male employees who earn more than the employee for the same work must comply with legal exceptions or the company is still responsible for the wage inequality.