It may seem terrifying to file a lawsuit against the company you’re working for. However, the process is just the same as any other civil lawsuit against a person or other organization. Filing a lawsuit against a company is considered to be the next step if other measures have been taken to settle a dispute and consumers must know that they have this option.
Lawsuits can also be filed against every type of business, whether non-profit and for-profit entities, either small or big companies, and even government entities. If you don’t have any idea about how you can properly sue your company, here’s a guide you can follow and we’ve also included some tips for you.
What are some of the common reasons for suing a company?
There are numerous reasons why an individual would file a lawsuit against a company. Let’s take a look at some of the most common examples:
- The company has terminated an employee in an illegal way.
- An individual is harassed whether as an employee at the company or as a patron.
- The company did not pay a worker their deserved salary or if the company is hesitant to return the money that is owed such as a security deposit.
- A company may have deceived or misled people about product claims or their financial situation (for instance, you’ve invested in a company that led you to believe that their company can be profitable but instead cause you financial harm.
- An employer or company injured an employee (failed to keep workers safe at work or their own product caused the person harm, if this happens you can ask help from a compensation lawyer).
- The company violated a contract or warranty.
- The company infringed an individual’s intellectual property rights or plagiarized their work.
What are the most common types of lawsuits against companies?
Plenty of business contentions involve a contract or some type of agreement between a business and a customer. The other type of lawsuit that can be filed against a company has to do with employment. An employee can claim that a company breached state or federal labour laws, including overtime pay, necessary unpaid labour, or substandard working conditions.
Consumers must be able to know that, if the amount that they’re suing a business or organization is small, they would need to file the lawsuit against a business in small claims court. But the boundary for filing a lawsuit in a small court will differ based on the location of the court. Commonly, the filing fees are cheaper and the time to process a lawsuit in small claims court is faster.
It’s also important to note that the process of suing a company will vary depending on the type of company, the laws in the jurisdiction, the facts of a particular event, and the legal assumptions that a claim is based on.
What are the steps for suing a company for damages?
As the complainant or accuser, there are specific steps you must follow when suing a company in order to increase the chances of getting a successful lawsuit.
- Before you decide to start a lawsuit, it is important that you speak to a company representative first to make sure that there’s not easier option to settle the issue. Most of the time, the company will want to keep its customers, so they may choose to work with a person who feels they were wronged and try to see if the problem can be resolved outside of the court. Begin by reporting any concerns to the company and don’t forget that you document them.
- Once the company rejects or fails to fix the problem, then that’s the time you can start suing them and look for a credible lawyer for help.
- When it’s sure that the company refuses or fails to resolve the issue, your job now is to start collecting information and proof that will support the claim. For instance, if a person is suing a company because he or she got sexually harassed, then they must save or print reports, letters, emails, or get contact information of the witnesses, business policies, and the like that can be used as evidentiary support.
- For this next step, it may be necessary to consult a lawyer. You may begin considering what kinds of claims you have and what types of damages you want to recover if the case becomes a success.
- If your case requires only minor amounts of monetary damages, then the individual should try considering filing their claim in their city or local small claims court. Doing this will only save you more time and costs of the legal process. While you can represent yourself in a small claims court, it’s best that you consult with a lawyer for advice or to answer any type of questions that they are confused about in their case.
- If you ever decide to ask for help from a lawyer, then your lawyer will be the one to take over to tell you the next steps and legal strategies. Meanwhile, if you’ll be representing yourself or filing your concern in small claims court, you must review all the local court rules, the laws governing your case, and identify how much time you have when filing a lawsuit.
- You as the plaintiff must file a complaint, provide the defendant company with notice, prepare the case, answer motions, collect more evidence, and subpoena only if you need necessary witnesses.
Once you follow the steps above and you bring a successful lawsuit case, you can potentially recover a number of damages, like monetary damages or replacement products.
Ivandrea Ollero is a content writer who researches and writes custom content about home improvements, travel, fashion, and beauty. She graduated from St. Scholastica’s College, Manila, with a Bachelor’s Degree in Broadcast Journalism in 2016. Ivandrea provides helpful tips and hacks on various topics for her readers.