Labor & Employment Law

Employees most likely to sue for wrongful termination

By Michael Goldstein, Esq.

There are many employees who fall into a protected class of individual.  For example, the Federal Civil Rights Act of 1964 and the Massachusetts Laws regarding discrimination, M.G.L. 151B, speak to cases of gender, race, national origin, handicap, religion and sexual harassment.  However, just because an employee is a member of one of these protected classes, not not make them more likely to sue subsequent to termination.  These employees do have more legal rights, but many other employees also have similar rights that speak to public policy retaliation and other facets of their lives which provide legal standing and increase the risk of a suit.

Recently the a blog posting at Gruntled Employees, posted a list of the 30 most likely employees to sue.  Below is a copy of that list:

1. are female
2. are pregnant
3. were recently pregnant
4. are on family or medical leave
5. are just back from family or medical leave
6. recently asked for family or medical leave
7. are older than others (and at least 40)
8. are a different race from most
9. are a different national origin from most
10. are a different religion from most
11. are a different ethnicity from most
12. have a disability
13. have a mental disability
14. are thought to have a disability
15. associate with someone with a disability
16. are alcoholic
17. are gay or lesbian
18. are transsexual
19. have ever complained about discrimination
20. were sexual-harassment victims
21. are veterans
22. didn’t get paid for all their time worked
23. didn’t receive all their overtime pay
24. are about to receive a bonus, commission, or option grant
25. ever complained about an illegal practice
26. have criminal records
27. have drug problems
28. are involved with union organizing
29. are related to, friendly with, or live near a lawyer
30. are fired with less retained dignity than they could have

Full post as published by Massachusetts Employment Law Blog on February 22, 2008 (boomark / email).