Employment Lawsuits: A Laundry List of Reasons to Sue or Be Sued

Work and employment related lawsuits are far more common than most people realize.  Employers and employees need more awareness about what can get them in trouble.  You should be familiar with some things in our list but maybe surprised by others.

  1. Discrimination
    1. Gender, Age, Race, National Origin, Religion – Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
    2. Age – Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634.
    3. Termination while nearing retirement – Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461.
    4. Race, color, national origin, religion and sex – Texas Labor Code, Chapter 21, Texas Labor Code §21.001 et seq.
    5. Genetic Makeup – Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff
    6. Disabilities – Americans with Disabilities Act of 1990, 42 U.S.C. §§12101-12213
    7. New Parents – Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
    8. Membership or non-membership in a union – National Labor Relations Act, 29 U.S.C. 151-169.
    9. Gender Compensation Inequality – Equal Pay Act, 29 U.S.C. §§ 206(d) et seq.
    10. Military Service Interference With Work – Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301-4333
    11. Citizenship or immigration status – Immigration and Nationality Act, 8 U.S.C. § 1324b
    12. Discriminating against an employee based on the employee’s status as a debtor or bankrupt individual under the Bankruptcy Code – Federal Bankruptcy Code, 11 U.S.C. § 525(b).
    13. Discriminating against someone for having to pay child support – Texas Family Code, Section 158.209
  2. Retaliation
    1. Retaliation against an employee for filing a complaint or testifying as to violations of established occupational health and safety standards – Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678.
    2. Whistleblower Protection – Sarbanes-Oxley Act, 18 U.S.C. §1514A
    3. Workers’ compensation retaliation – Texas Labor Code, Chapter 451 (Workers’ Compensation Retaliation)
    4. Retaliation for Jury Service – Jury System Improvement Act of 1978, 28 U.S.C. § 1875 & Texas Civil Practices and Remedies Code, Section 122.001 (Juror Re-employment)
    5. Retaliating against an employee based on how an employee voted – Texas Election Code, Section 276.001-276.004 (Employee Voting) 
  3. Not paying the national minimum wage – Fair Labor Standards Act, 29 U.S.C. 201 et seq.
  4. Asking or requiring applicants or employees to take a polygraph test – Employee Polygraph Protection Act of 1988, 29 U.S.C. §§ 2001-2009.
  5. Notice of “Mass layoff” – Worker Adjustment Retraining Notification Act, 29 U.S.C. §§ 2101-2109.
  6. Withholding Nonexempt Employees Wages – Texas Pay Day Law, Texas Labor Code §§ 61.001 et seq.
  7. Breach of Non-compete Agreement – Texas Law on Covenants Not to Compete, Texas Bus. & Comm. Code, §§ 15.50-15.52
  8. Failure to train agricultural laborers regarding exposure to hazardous chemicals –  Texas Agriculture Code, Section 125.013 (Agricultural Hazard Communication Act)
  9. Refusing to permit an Employee absence from work to serve as political delegate – Texas Election Code, Section 161.007 (Attendance at Political Convention)
  10. Defamation
  11. Assault & Battery
  12. Fraud
  13. Negligent hiring, training, supervision or reference
  14. False Imprisonment
  15. Wrongful Discharge

Daly & Campbell have helped both employers and employees that have found themselves in these types of circumstances.  If you need help or have any questions, never hesitate to call us.