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We often suggest to folks on here to "get a lawyer" and "sue your employer".
I was wondering if you, or anyone you know first hand, has actually gone to courtandactually received cash (not just "won").
I'm not talking about settlements or payments in a termination agreement. I'm more interested if anyone actually made it through the court system and won.
It would seem to me that this would be near impossible.
I am acquainted with someone that did. It was a case over whether he was a contractor or full time employee that involved benefits. I don't remember the exact details, but it did go to court and he was able to prove that he should have been paid as an employee. He won around $200K but the attorney and court costs took half of it. Still, $100K was better than $0.
Really? All the companies around here especially in STEM have contractors instead of employees. The best you can do usually is file form ss-8 if they declare you a 1099 independent contractor (most companies are wise to this and have their contractors w2).
In many cases choosing to go that route is like shooting yourself in the foot. Whether or not you get money out of the settlement, future employers will find out you tried to sue a former employer and won't be too keen on hiring you.
In many cases choosing to go that route is like shooting yourself in the foot. Whether or not you get money out of the settlement, future employers will find out you tried to sue a former employer and won't be too keen on hiring you.
How would they ever find that out - it's not like the person suing is ever going to tell a future employer that he/she won a settlement from their previous one...lol.
If a person is wronged, the person should sue, whether they need the money or not - it's so employers will be less likely to try and take unfair advantage of employees in the future (such as not paying overtime, etc).
Actually I just thought of another one. There's a well known spa in this area. For several years the owner was skimming part of the employees tips off the top but still taking taxes from them as if they were getting the entire tip.
The employees banded together and sued--some were still working there. They went to court and won and the owner had to return over $100K in unjustly taken taxes plus pay the court and attorney costs of the plaintiffs. I was actually there having a treatment the day they found out they had won--there were some very happy employees--one girl was owed over $20K!
I know that most of them have moved on to other spas. All of the spa owners around here know about it, and none of them held it against the employees when they applied for jobs at other spas.
I had a boss who had to contact the federal wage and labor people about the failure of our employer to provide proper compensation. I think once the feds got involved they just paid him instead of losing in court.
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