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Why ‘can I Sue My Employer?’ Is Often The Wrong Question - Career - Nairaland

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Can I Sue My Employer For This?? / My Employer Is Shortchanging Me / My Former Employer Is About To Cheat Me, Please Help (2) (3) (4)

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Why ‘can I Sue My Employer?’ Is Often The Wrong Question by nigeriapenmedia: 8:34pm On Aug 04, 2018


As a legal matter, unless you have an employment contract that says otherwise, he could absolutely fire you because he doesn’t like you.

Q: I have a new boss who is very unfair and abrasive to everyone. Hypothetically, would he be allowed to fire me just because he doesn’t like me? And if he did, what could I do procedurally and legally to fight back? — Anonymous
A: As a legal matter, unless you have an employment contract that says otherwise, he could absolutely fire you because he doesn’t like you. Or because he doesn’t like your haircut, or for no reason at all. And, again as a legal matter, there’s probably nothing you could do about it.

There are, of course, laws designed to punish and prevent forms of discrimination — based on race, gender or disability, for instance. But as Laura Beth Nielsen, a sociology professor at Northwestern University and a research professor at the American Bar Foundation, put it: “Being a jerk is not illegal.”

It’s worth expanding on this point a bit, because the Workologist hears from many readers who seem to believe the rule of law might resolve all manner of workplace hassles and discontents. Nielsen, who is one of the authors of the recent book “Rights on Trial,” a critique of workplace discrimination law, has encountered the same phenomenon in her research.

“Plaintiffs’ lawyers say this is the most important thing that ordinary people do not understand about the law,” she said. “You do not have the right to a fair workplace. You have the right to a nondiscriminatory workplace.”

Depending on the details of your employment, however, you might have some options. If the boss is taking actions that specifically violate company policy, or an employment contract, focus on them. A company manual specifying in elaborate corporate-speak the behavior that’s expected of you may also detail procedures that management must follow. So maybe you can pursue justice within your organization, if not the courts.

But think about this in terms of the organization, not what you find personally “unfair.” The bottom-line argument is usually the best one, Nielsen said. It might be something like: “I’m not being treated fairly, and as a result these special talents that I have and that could make the company a lot of money are being overlooked.”

Dealing with a new boss can be particularly fraught, she said. Workers often resist change, while the manager is looking to make a mark. Try to understand new expectations right away.

Even if you believe you are a victim of illegal discrimination, legal action is no easy road. This is the focus of Nielsen’s studies, and her conclusions aren’t exactly uplifting. Discrimination can be hard to prove, and companies have far greater resources than most employees.

Even workers who win their cases often feel dissatisfied: Maybe they expected a bigger monetary award, or maybe all they really wanted was to get their old job back and return to “normal,” which in the wake of a lengthy legal fight is most likely impossible.

Does that mean nobody should ever sue? Of course not. The pursuit of justice can be noble and necessary. But if you want to “fight back” through the courts, understand the stakes.

A Very Personal Expense Issue

Q: I relocated for work from the East Coast to California. When I travel back East for work, I extend the trip to visit family, and cover extra expenses myself.

On my last such trip, I visited family before starting a week of East Coast work. Unfortunately, my partner back in California, who suffers from depression and is a recovering alcoholic, relapsed and tried to kill himself.

This happened during the working portion of my trip. I had to cut that short and scramble to get back to California, and this entailed some additional expenses, such as a rental car and an airport hotel room that I used for a few hours to do some work before catching the next available flight.

My employers do not understand the severity of what happened to him and my supporting role. Should I seek reimbursement for any of the expenses? Or should I bear those costs myself? — Anonymous

A: Your personal situation sounds really difficult, and it’s impressive that you’re able to manage it. But frankly I wonder if the expenses related to this incident are the real issue here.

I suspect what really matters is how much you want your employers to know about your situation. That depends on the kind of relationship you have (or want to have) with your managers. I can imagine good reasons to keep some distance — as long as you still have the latitude, for instance, to cut a work trip short when you need to. In that case, you should just bear these costs yourself.

I can also imagine feeling that it might be reassuring if a trusted boss knew more. Making the argument for these expenses would entail a pretty serious conversation. But I think deciding whether you want to have that conversation is the issue you should reflect on.

Sorting out who pays for this one hotel room is not the problem; it’s a symptom of something deeper. Focus on that.

Read More At>>> Nigeriapen.com.ng

Source: https://www.nigeriapen.com.ng/why-can-i-sue-my-employer-is-often-the-wrong-question-id8688778-html/

Lalasticlala
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by dopemama(f): 7:15am On Aug 05, 2018
We hear.... Lost my dad yesterday... So sad

9 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by bettercreature(m): 7:15am On Aug 05, 2018
You can’t sue your employer in Nigeria you are going to end up in jail
Infact the last lawyer that asked for his salary almost got killed by SARS

9 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Nobody: 7:16am On Aug 05, 2018
This is nigeria na u employee go tire
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by driand(m): 7:20am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
so sorry to hear this, may his soul rest in peace, Amen... Valar Morgulis.

7 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Gordzwheel(m): 7:21am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
Sorry dear, take hrt and be strong.

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Tychamps(m): 7:22am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
May the Good Lord grant you the fortitude to bear the loss.
welcome to the reality.

4 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by driand(m): 7:24am On Aug 05, 2018
Why bother suing your boss in a legal court when you can sue him at a shrine? Trust me if he was meant to pay you 4 months he'll do so without delay...

1 Like

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Cooldude180: 7:31am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
May God give u the fortitude to bear this irreparable loss. Weep no more. It's well with you

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Mutuwa(m): 7:36am On Aug 05, 2018
driand:
Why bother suing your boss in a legal court when you can sue him at a shrine? Trust me if he was meant to pay you 4 months he'll do so without delay...

It never fails I tell you.He would comply at mach one speed.
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Legalservices: 7:38am On Aug 05, 2018
nigeriapenmedia:




Read More At>>> Nigeriapen.com.ng

Source: https://www.nigeriapen.com.ng/why-can-i-sue-my-employer-is-often-the-wrong-question-id8688778-html/

Lalasticlala


The passage above depicts a scenario unlikely to happen within our jurisdiction. Should such occur it would very unlikely for a lawyer to prove elements of racial or ethnic discrimination etc in making a case for his client's.. I would rather think of scenarios that commonly erupt locally between employers and employees in Nigeria...not America..

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by davidonwuka21: 7:41am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

take heart dear!! ..may his soul rest in peace and God bless you!!

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by EmekaBlue(m): 7:53am On Aug 05, 2018
Just go to berekete family ahmed isah at abuja to help u fight ur case....

Or move on and get a new job or find something else to do. Life goes on
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Fromban(m): 7:56am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
rip to the dead,take heart dear

2 Likes 1 Share

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by dingbang(m): 8:01am On Aug 05, 2018
cool


Hellfire suit them
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by singlesolution: 8:02am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

ooh! sorry for the Demise of you Dad, Take heart and be composed its a trying time.

May God show your late Dad Mercy at the other side.

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Nobody: 8:05am On Aug 05, 2018
nigeriapenmedia:




Read More At>>> Nigeriapen.com.ng

Source: https://www.nigeriapen.com.ng/why-can-i-sue-my-employer-is-often-the-wrong-question-id8688778-html/

Lalasticlala


lazy nigerian youth, lazy nairaland mods

copying and pasting articles that have zero to do with workplace culture in the nigerian environment

what does one expect, when it is a post by someone still in secondary school

4 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by dhardline(m): 8:12am On Aug 05, 2018
Also know that If you loose a family member who is employed to

a company that has at least 5 workers, the beneficiaries of the

(late) staff is entitled to a minimum of three(3) times the total

annual emonulment( salary, transport allowance,housing

allowance).


If the company refuses to pay you can take them to court cause

it is the law. The law mandates companies to have a

compulsory group life assurance for their staff.

3 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by papascode: 8:17am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

Take heart dear. May his soul rest in peace.

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by dulphines: 8:41am On Aug 05, 2018
May the Lord bless your father's soul on his homeward journey.
My condolence to you and yours.
dopemama:
We hear.... Lost my dad yesterday... So sad

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by teelord1(m): 8:42am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

“valar morghulis” “all men must die”

Take heart, Trust me it is not easy I walk through that path few month ago. God be with you

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by ccollins(m): 8:47am On Aug 05, 2018
bettercreature:
You can’t sue your employer in Nigeria you are going to end up in jail
Infact the last lawyer that asked for his salary almost got killed by SARS
that's a lie .we have the national industrial courts to handle matter of such nature like this
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by thatigboman: 8:48am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad
my condolence

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by iamdebby(m): 8:52am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

so sorry for your loss..I know exactly how you feel.....Have been there before.
Be grateful for the times you spent together. Some never had that priveledge.

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by computergenius(m): 9:01am On Aug 05, 2018
In the Nigerian private sector anything goes. Slavery is the norm not the exception. Employers in Nigeria are particularly notorious for maltreating their employees. Though there are laws that are intended to protect workers few companies obey them. Even in cases where there is a signed contract between employer and employee the employer can still go ahead and violate every provision in the contract with impunity. If the employee tries to seek justice the judiciary and police will be bribed and they will conspire with the employer to frustrate the employee and the employee may end up in jail. Nigerian Employers may owe employees months or even years of salaries and bluntly refuse to pay and still continue insisting the employees must continue working and must not leave. Some companies in Nigeria have become nothing but a large slave yard where citizens labour with no guarantee that they are going to get paid for the work they are doing. Even when companies pay they may pay below the minimum wage stipulated by law and workers are forced to accept it. Some companies make deductions from workers pay on behalf of the government but then fail to remit the deducted money to the government. The federal government is just as unfair in its treatment of its employees. In some companies employers have stripped the employees of all human rights including right to liberty, right to freedom of expression, freedom of association and religious freedom. Some employers force their employees to become members of the church they attend. Some employers force their employees to support and vote for particular political parties. Some employers force some of their employees to marry the relatives of the employer. Some employers prevent their employees from talking to their fellow employees when at work and at home.
Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by dyangprof(m): 9:13am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

Eyah, it's well

Rest in peace papa

Take heart and think_less pal

2 Likes

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by Hassanjj(m): 9:21am On Aug 05, 2018
Thanks for sharing this.

Something similar just happened to me at ?y place of work, though am a contract staff there, but my supervisor sees me as shit, he uses words like u are stupid for doing that , u are a foolish man when talking to me. But there is nothing we can do, we just have to keep taking the shit just to pay our bills. Have once reported him to our overall boss, but i still ended up geting the blames all becos am a contract staff.

Some of those things won't work in nigeria becos our legal system is bleeped up already.

1 Like

Re: Why ‘can I Sue My Employer?’ Is Often The Wrong Question by emmyid(m): 10:20am On Aug 05, 2018
dopemama:
We hear.... Lost my dad yesterday... So sad

Is it the man that died in Obudu? RIP to your Dad.

1 Like

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