Can I Sue my Job for Overworking Me?
Employers have an obligation towards employee wellbeing; thus, overworking staff against their will is a direct infringement of this duty of care. If you have been overworked to the point of physical, mental and emotional exhaustion, you may be able to take legal action against your employer.
Understanding Your Rights
Before considering a lawsuit, it is important to understand the basic workplace protections provided by both the state and federal government.
- Minimum wage- Each state sets a minimum wage rate. Check with your state’s Labor Department to ensure you are being rightfully compensated.
- Maximum working hours- According to the Fair Labor Standards Act, employees may not work over 40 hours per week without receiving overtime pay.
- Breaks- According to the Occupational Safety and Health Administration, a majority of US states require employers to provide at least an unpaid 30-minute meal break for each 8-hour shift.
- Leave- The Family and Medical Leave Act protects the rights of employees to job-protected leave for certain family and medical reasons, such as the birth of a child.
Know When You Can Sue
If you believe your employer is guilty of wage theft, unfair labor practices or other work-related violations, you may be able to file a lawsuit. This could include demanding unpaid wages or overtime, violations of your minimum wage or break rights, or illegal payment of salary. Additionally, if you have suffered any physical or mental harm as a result of overworking, you may have a case for wrongful termination or workplace discrimination.
Take Action
No matter the size of your company, such actions of exploitation are illegal, and you have the right to seek the counsel of an experienced employment attorney. An employment attorney can review your case and help determine the best course of action for you. They can also negotiate with your employer on your behalf, and provide any other necessary legal assistance.