Question to Ask the Workplace Doctors about suing boss:
My boss has blatantly violated corporate policies regarding pay for performance reviews, equitable treatment and our ethics policies. Can I sue the organization for allowing this type of behavior if this resulted in unfair treatment and a loss of wages to me? Would these policies be a contract between the employer and myself and is the employer liable for not taking action if these policies are violated?
Signed, Unfairly Treated
Dear Unfairly Treated:
The answer to your questions is “Yes”. Policy statements are a form of contract and if you are unfairly treated you can sue in my opinion, not that of an attorney. We address a variety of workplace questions as you can see from our archives, but do not give medical or legal advice. My suggestion is that you document policy statements, performance evaluations and other evidence of performance, and a log of violations. If those violations pertain to race, sexual, age, religious or national origin discrimination, you are in a protected class and will have a stronger case.
Bring your documentation to a labor attorney and get a reading from her/him regarding the feasibility of legal action. Usually attorneys will grant a one-time consultation free and you can learn if you have a legal leg to stand on. Also you will learn what to expect regarding costs and if the attorney or possibly another second attorney take such cases on contingency.Attorneys likely also will inquire if you have made an attempt to have your employer correct violation of policy. So make note of that too. If you have not, possibly the attorney will advise that you request an investigation of you complaint before proceeding further.
I recommend that you do not mention to coworkers or to your superior that you are consulting an attorney. My best to you in seeking fair treatment. Do keep a positive attitude and do your best to deliver the best possible performance in spite of and during your effort to right what you feel is wrong. Clarification of policies and monitoring their practice is a management responsibility. Those affected often are more keenly aware of the rules and their lack of implementation. Working is more than following policy. At its best, it is a collaborative, persistent, and passionate process.And when that happens, working together with hands, head, and heart takes and makes big WEGOS.