A Few Common Reasons Why a Lawsuit Could Be filed Against Your Employer
The maximum lawsuit is a common litigation strategy in which former employees to bring lawsuits against the employer of the company in which they worked for. The suit claims that the employer did not properly pay their employees for their time and as a result they were illegally deprived of their rights to overtime wages, and other benefits. The claim often involves accusations of employer negligence, or breach of contract. The employees’ main argument is that the employer failed to pay them their proper wages and or benefits because they did not meet certain requirements.
There are two main factors that make up the basis of an maximus lawsuit.
The first factor is that the employees must show that their employer was in some sort of breach of contract with them and did not properly pay them their appropriate overtime wages and/or benefits. The second factor that makes up the basis of a maximum lawsuit is that they must show that their employer did not act reasonably when they were working overtime hours. Often the defendant’s attorney will attempt to dismiss the claim on the basis that the employees’ overtime work was not really worth the amount of money that it would take to compensate for it.
Employers are well aware that there are potential claims of overtime compensation due to being required to work over forty hours in a seven day period.
Often they will schedule an employee to work over forty hours in a seven day period even though it is not actually required. They are gambling that if the employee works more than forty hours that it will actually increase the profits of the business. This means that often the employer will try to avoid having to deal with any potential overtime wage claims by scheduling their employees to work extra long hours in order to limit any possible claims.
In order to be able to successfully sue their employer for overtime wages, former employees must prove three things.
First, that the employer was in a breach of contract by requiring the employee to work beyond the normal scheduled overtime hours. Second, that this breach proximately caused the employee to receive an unfair monetary and medical benefits. Third, that the loss suffered as a result of this breach proximately caused the loss of a substantial amount of future income. If these three things are proven, an individual who has been subjected to this employer’s violation of their contractual agreement may be entitled to compensation.
Many individuals are hesitant to pursue a lawsuit because of the potential cost.
This is especially true in today’s economy. Often plaintiffs are forced to take out very large loans in order to fund their lawsuits. While it is true that many companies have faced financial hardship as a result of having to pay their employees for their overtime pay, there are many companies who have experienced increases in their profit margins as a result of their hiring practices. Many times, these companies are able to successfully defend themselves against the claims that plaintiffs bring forth.
Unfortunately, there are still thousands of cases that end in settlement. Many plaintiffs believe that they are not being fairly compensated for the time that they spent working overtime hours.
But, as we’ve seen above, that is often not the case. If an employer has intentionally violated their agreement with their employees, an experienced attorney can help you win your case. If you have been a victim of employer negligence or have been wrongfully paid for the time that you worked, an experienced trial lawyer can help you obtain the settlement that you deserve.
