Navigating Employment Litigation for Employees -

Employment Litigation as an Employee: An Uphill Battle

Everyone has the right to earn a living without being harassed, discriminated against, or otherwise treated negatively. Unfortunately, this right is frequently violated by employers, co-workers, and others in the workplace. Navigating employment litigation for employees may be a scary consideration, but at times, it’s the only way to make things right.

Unfortunately, workers are often at an unfair disadvantage. This is true for a variety of reasons, including the fact that an employer has control over a person’s employment status. Even worse, the employer frequently owns the documents necessary to build a strong case in an employee’s favor. However, employment laws provide a variety of protections.

Successfully navigating employment litigation as an employee relies on whether you understand these protections and how to exercise them.

Understanding Your Rights

An employee’s ability to successfully sue over workplace violations is directly linked to whether they fully understand their rights. Prior to pursuing any form of litigation, you need to know your rights under both federal and state employment laws. These often vary by jurisdiction, industry, employment type, and other individual variations.

However, most relevant laws that allow employers to sue over violations fall into the following categories:

Discrimination: Violations related to protected characteristics (e.g., race, age, disability, etc.)
Wages: Failure to follow minimum wage, overtime, and related regulations
Harassment: Violations of harassment policies, including sexual harassment
Wrongful termination: Failure to adhere to rules outlawing termination for unlawful reasons
Family leave: Violations of rights under the Family and Medical Leave Act (FMLA)
Whistleblower protections: Breaking laws that protect employees who report illegal activities

If you feel that your employer has committed wrongful acts in any of these categories, you may be entitled to compensation or other benefits under federal and state employment laws. Make sure you do your research – which should include understanding relevant laws and whether they apply to your specific situation.

It’s typically advisable to speak with an attorney in these situations, and you may be able to find a law firm that offers free initial consultations.

Make Sure to Document Everything

Successfully navigating employment litigation as an employee takes a lot of work, and much of this work relates directly to evidence gathering. Just because you claim that wrongful acts have occurred and file a lawsuit in relation to them does not mean your employer will be held accountable. The system will give employers the benefit of the doubt, so it’s your job to prove what happened.

To do this, you want to document everything in relation to your complaint. Save or forward yourself relevant emails. Never delete text messages. Keep written communication. Basically, any communication with supervisors, human resource employees, or coworkers should be documented. It may also help to hold onto performance reviews or other documentation of your work history.

If possible, you should also gather witness statements — and start a journal notating the dates, times, and descriptions of relevant incidents. When you file litigation, you want to make sure the courts can see exactly what you went through.

File an Internal Complaint

Whether you’re facing retaliation, harassment, or discrimination in the workplace, it’s typically not advisable to jump straight into a lawsuit. Navigating employment litigation as an employee requires an understanding that you must alert your employer of what’s going on. After all, you can’t very well sue over a refusal to fix a problem if you don’t alert someone of the problem.

Most companies have a specific procedure for filing internal complaints. In the majority of cases, you’ll need to report your issue to human resources or a manager before litigation can be commenced. When doing so, always follow the relevant procedures outlined by your employer and keep a record of when and how you reported the issue.

You should also keep a record of any responses you receive – along with incidents that occur after such reports. Such incidents could include continued or new harassment, unfair employment decisions (e.g., demotions), or other negative repercussions related to your complaint. Remember, document everything.

Speak With an Attorney

With so many resources available on the internet, there are many legal issues that people are handling themselves these days. From creating contracts with AI tools to purchasing DIY “divorce packets” online, the law is more accessible than ever before. However, attempting to navigate employment litigation as an employee without an attorney can be disastrous.

An attorney can evaluate the strength of your case to let you know whether litigation is worth pursuing. A legal professional can also handle all necessary filings — such as Equal Employment Opportunity Commission (EEOC) complaints — on your behalf. They can also assist with potential negotiation or mediation if you’re hoping to avoid litigation.

Put simply, having an employment attorney on your side can prove invaluable. If taking on your employer seems daunting, that’s because it probably will be. Regardless of the size of a company, facing off against an employer with resources often seems like a David versus Goliath scenario. A legal professional can level the field.

Filing Your Lawsuit

There are many steps leading up to an employment lawsuit. Your attorney can assist with EEOC complaints, negotiation, gathering evidence, mediation, and other issues. However, the time will eventually come when filing a lawsuit is the appropriate step. Before doing so, prepare yourself for every possible outcome – and maintain professionalism throughout the process.

When the time is right, you’ll need to submit a legal document to the courts outlining your harassment, employer retaliation, or similar claims. Your attorney can do this on your behalf and handle everything that comes next. The steps that come after filing a complaint include discovery — where both sides exchange evidence — and potential settlement talks.

Many people are surprised to learn that filing litigation is often the proper motivation that an employer needs to finally do the right thing. Of course, settlements won’t always be forthcoming. In those instances, the case will go to trial. At this point, a judge or jury will decide what should happen next. At Geonetta & Frucht, our legal team is here to help employees navigate employment litigation.