If you get laid off, should you file a lawsuit against your former employer just to play it safe? (employee, job)
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Since employers are so fearful of laying off employees because of potential lawsuits, maybe it means that they know that the odds of winning a wrongful termination lawsuit are stacked in favour of the former employee. In my case, I could easily argue that my former boss had it in for me, as demonstrated by evidence I collected while I was employed. Not saying that I would win the case, but there is always the possibility that the former employer would agree to settle out of court.
What will you gain from it? A major headache and legal fees and possibly a settlement. Instead of burning bridges and scaring future employers with your actions why don't you take the high road and use your time to find a better job?
In my case, I could easily argue that my former boss had it in for me, as demonstrated by evidence I collected while I was employed.
It all depends on the magnitude of this statement. Some lawsuits are legitimate. Maybe yours is. I'd research the internet a little more to get a gauge what the prospects of your success would be.
Since employers are so fearful of laying off employees because of potential lawsuits, maybe it means that they know that the odds of winning a wrongful termination lawsuit are stacked in favour of the former employee. In my case, I could easily argue that my former boss had it in for me, as demonstrated by evidence I collected while I was employed. Not saying that I would win the case, but there is always the possibility that the former employer would agree to settle out of court.
I'm not aware of employers being fearful of potential lawsuits related to labor reductions.
If you have a wrongful discharge case, you should pursue it if that's consistent with your values. However, I don't think it's worth the headache going after a settlement.
With respect, I think if you have lived your life in such a way that $5k is worth the trouble, then you have better things to spend your time on than annoying a former employer.
There is a person of an ethnic minoirity where I work, who is also considered a disabled veteran. This person does zip work, shows up late, when this person does decide to come to work, and everything this person does is wrong, so it needs to be re-done by another person. This person is completely useless. Sorry, it is the truth. But will never be laid off, or fired from the job. It just is not worth the hassle. My boss does not even bother to write this person up any more, because they brought in a note regarding missing work, due to disability. And that job duties needed to be modified for the disability. It is a joke. The person just shows up when ever they feel like it, and just talks on the phone all day to friends. Does nothing. Will never be fired. Outrageous.
There is a person of an ethnic minoirity where I work, who is also considered a disabled veteran. This person does zip work, shows up late, when this person does decide to come to work, and everything this person does is wrong, so it needs to be re-done by another person. This person is completely useless. Sorry, it is the truth. But will never be laid off, or fired from the job. It just is not worth the hassle. My boss does not even bother to write this person up any more, because they brought in a note regarding missing work, due to disability. And that job duties needed to be modified for the disability. It is a joke. The person just shows up when ever they feel like it, and just talks on the phone all day to friends. Does nothing. Will never be fired. Outrageous.
According to the EEOC:
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
It is authentic, I live it every day. It drives me crazy.
If your boss facilitates a bad work environment, it's your problem for continuing to work there. That has nothing to do with anyone's disability.
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