Legal grounds for pursuing litigation against an employer typically involve violations of employment law, contractual breaches, or tortious actions. Examples include wrongful termination, discrimination based on protected characteristics like age, race, or gender, retaliation for whistleblowing or reporting illegal activity, failure to provide a safe working environment leading to injury, and wage and hour disputes such as unpaid overtime or minimum wage violations. Breach of contract claims might arise from an employer failing to fulfill promises made in an employment agreement or company handbook. Torts might involve defamation, invasion of privacy, or intentional infliction of emotional distress in the workplace.
Understanding the basis for such legal action is vital for both employees and employers. For employees, it provides awareness of their rights and potential recourse when those rights are violated. For employers, this knowledge facilitates the creation of compliant workplace policies and procedures that minimize legal risks. Historically, the evolution of employment law reflects a societal shift towards greater worker protections. Early labor movements played a crucial role in establishing fundamental rights, such as the right to organize and bargain collectively. Subsequent legislation further strengthened protections against discrimination, harassment, and unsafe working conditions, creating a framework for legal remedies when these protections are not upheld.