Who Can Bring a Lawsuit | Summary and Q&A

TL;DR

Most employment laws allow employees to file lawsuits against their employers, but the burden falls mainly on individual employees, and only a small percentage of cases go to court.

Key Insights

• 👻 Most employment laws allow employees to file lawsuits against their employers, but the burden of legal action falls mainly on individual employees.
• 💼 Discrimination cases can be brought by individuals or the EEOC, but only a small percentage of cases make it to court.
• 🧑‍🏭 Employment law cases can be brought in both state and federal courts, with the outcome depending on various factors.
• 😀 Employers often face considerable managerial time and effort in responding to lawsuits, including providing records and participating in depositions.
• 👮 Settlement negotiations are common in employment law cases, both during litigation and at various stages.
• 💼 District courts play a crucial role in establishing the facts of a case, but many cases are dismissed without going to trial if the allegations are deemed insufficient.
• 😘 Appeals courts review whether the lower court properly applied the law, while the Supreme Court exercises discretion in selecting cases to hear.

Transcript

let's take a look at who can bring a lawsuit in regards to employment law most employment laws enable employees to enforce their rights through lawsuits against their employers as an exception if an employee reports a safety hazard to OSHA and the expector does not agree that there is a problem and the employer is not cited no course of legal actio... Read More

Questions & Answers

Q: Who can bring a lawsuit in regards to employment law?

Most employment laws allow employees to bring lawsuits against their employers, except in certain cases where the authorities decline to take action.

Q: What happens if an employee reports a safety hazard to OSHA and the inspector disagrees?

If the inspector does not agree that there is a safety hazard and the employer is not cited, the employee does not have legal recourse.

Q: Can discrimination cases be brought by individuals?

Yes, individuals can bring discrimination cases on their own, or they can file a complaint with the Equal Employment Opportunity Commission (EEOC).

Q: Why do employment lawyers only accept a small percentage of discrimination cases?

Employment lawyers typically accept only about 5% of employment discrimination cases brought to them because of factors such as provable damages and the likelihood of success.

Q: Where are employment law cases brought, state or federal courts?

Employment law cases can be brought in both state and federal courts, depending on factors such as the legal basis for the claim and the location of the parties involved.

Q: What happens if a case goes to trial?

If a case goes to trial, the plaintiff has the burden of proof to show, by a majority of the evidence, that their rights were violated.

Q: Can District Court decisions be appealed?

Yes, District Court decisions can be appealed to a federal appeals court, also known as a circuit court.

Q: Can appeals court decisions be appealed to the Supreme Court?

Yes, appeals court decisions can be appealed to the US Supreme Court, but the Supreme Court exercises discretion and only accepts a small number of cases each year.

Summary & Key Takeaways

• Most employment laws enable employees to sue their employers, except in cases where the employee reports a safety hazard to OSHA or the National Labor Relations Board declines to bring a complaint.

• Discrimination cases can be brought by individuals or the EEOC, but the burden of legal action falls mainly on individual employees.

• Employment law cases can be brought in both state and federal courts, and the outcome depends on various factors such as the legal basis for the claim and the location of the parties involved.