Top 10 Most Common Workplace Lawsuits and How to Handle Them

An unhappy employee in a hostile work environment, contemplating filing several workplace lawsuits.

Workplace lawsuits can disrupt businesses and severely impact employees. Understanding the most common workplace lawsuits and knowing how to handle them is crucial for both employers and employees. Below are the ten most frequent employment-related lawsuits, the laws that govern them, and steps for handling these legal matters effectively. If you’re struggling with a workplace lawsuit, don’t hesitate to reach out to our employment lawyers for legal support.

1. Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of employment laws, such as the Fair Labor Standards Act (FLSA) or the Medical Leave Act (FMLA). At-will employment does not allow employers to terminate employees for discriminatory reasons or retaliation.

For Employers:

  • Maintain proper employee-employer communications and document all performance issues.

  • Ensure terminations are for legitimate business reasons.

  • Consult an employment attorney before terminating employees to reduce legal risk.

For Employees:

  • If you believe you’ve been wrongfully terminated, gather relevant documents, including employment contracts and performance reviews.

  • Consult an attorney to assess whether you have grounds for a wrongful termination lawsuit.

  • File a claim with the appropriate court or government agency.

2. Wage and Hour Violations

Employers must comply with federal law and local laws regarding minimum wage, unpaid overtime, and hour violations. The Fair Labor Standards Act mandates that hourly employees receive fair compensation.

For Employers:

  • Maintain accurate payroll records and ensure all wages meet minimum wage laws.

  • Address unpaid overtime claims promptly to avoid wage theft lawsuits.

  • Provide an updated employee handbook outlining wage policies.

For Employees:

  • If you suspect wage theft, collect pay stubs, work schedules, and communication records.

  • Speak with human resources about hour violations before escalating the issue legally.

  • File a complaint with the Department of Labor or hire an employment attorney.

3. Sexual Harassment

Sexual harassment, including quid pro quo harassment and hostile work environments, is one of the most common workplace lawsuits. Employers must enforce a zero-tolerance attitude toward harassment claims.

For Employers:

  • Implement training programs to prevent sexual harassment.

  • Establish a clear reporting process for employees.

  • Take immediate legal action against perpetrators to avoid being held liable.

For Employees:

  • Document incidents of harassment and report them to human resources.

  • If the company fails to act, file a claim with the Equal Employment Opportunity Commission (EEOC).

  • Seek legal remedies, including emotional distress compensation or injunctive relief.

4. Discrimination Lawsuits

Discriminatory practices based on race, gender, national origin, veteran status, sexual orientation, or disability violate the Disabilities Act and other federal protections.

For Employers:

  • Enforce anti-discrimination policies and provide diversity training.

  • Conduct unbiased hiring and promotion decisions.

  • Keep detailed records of employment decisions to defend against discrimination lawsuits.

For Employees:

  • Gather evidence proving that you were treated unfairly based on a protected class.

  • File a complaint with the EEOC.

  • Hire an experienced employment attorney to pursue a fair settlement.

5. Retaliation Claims

Employees cannot suffer adverse action for reporting workplace issues such as wage theft or harassment.

For Employers:

  • Ensure employees feel safe reporting misconduct.

  • Maintain transparent employee-employer communications.

  • Avoid unfair treatment of employees who file complaints.

For Employees:

  • Document all interactions leading to an adverse employment action.

  • File a complaint with the EEOC or a relevant government agency.

  • Consider legal action if retaliation persists.

6. Unsafe Working Conditions

Unsafe workplaces violate OSHA (Occupational Safety and Health Administration) regulations and can result in workers’ compensation claims.

For Employers:

  • Conduct regular safety training and inspections.

  • Address employee complaints about unsafe working conditions.

  • Comply with all applicable laws regarding workplace safety.

For Employees:

  • Report workplace hazards immediately.

  • If ignored, file a workers’ compensation claim or OSHA complaint.

  • Consult an attorney if injuries occur due to employer negligence.

7. Workers’ Compensation Claims

Workers’ compensation provides financial support for employees who suffer workplace injuries.

For Employers:

  • Carry appropriate workers’ compensation insurance.

  • Process claims promptly and fairly.

  • Train employees on proper workplace safety measures.

For Employees:

  • Report injuries as soon as they occur.

  • Keep all medical records and relevant documents.

  • Hire an attorney if your claim is denied.

8. Employment Contract Violations

Disputes over employment contracts, such as breaches of non-compete agreements, can lead to legal action.

For Employers:

  • Draft clear, legally sound employment contracts.

  • Define non-disclosure agreements and employment terms explicitly.

  • Seek legal counsel when disputes arise.

For Employees:

  • Review contracts carefully before signing.

  • If a dispute arises, seek legal guidance.

  • Collect evidence proving that the employer breached the agreement.

9. Independent Contractor Misclassification

Employers sometimes misclassify workers as independent contractors to avoid paying overtime wages and benefits.

For Employers:

  • Accurately classify workers according to federal law.

  • Ensure independent contractors meet legal criteria.

  • Consult an employment attorney if unsure about classifications.

For Employees:

  • If misclassified, gather employment records.

  • File a complaint with the Department of Labor.

  • Seek legal representation to recover lost wages and benefits.

10. Personal Injury Lawsuits

Employees who suffer injuries at work due to particularly egregious conduct by employers may file personal injury lawsuits instead of workers’ compensation claims.

For Employers:

  • Provide a safe working environment.

  • Carry liability insurance to protect against legal claims.

  • Investigate all workplace accidents promptly.

For Employees:

  • Gather evidence and witness statements.

  • Consult a personal injury attorney.

  • File a lawsuit if the injury resulted from employer negligence.

File Your Workplace Lawsuit with Bourassa Law Group

Workplace lawsuits present significant legal risks for both employers and employees. Understanding employment laws, fair labor standards, and legal remedies can help minimize disputes. If you are involved in a workplace lawsuit, consult Bourassa Law Group. Our experienced attorneys can guide you through legal proceedings and ensure your rights are protected.

Contact us today for a free consultation.

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