According to a very interesting article in the Insurance Journal, employers are most likely to be sued by current or former employees in California, Illinois, Alabama, Mississippi, and the District of Columbia. I’m sure no one is surprised by that first entry on the list: Our great Golden State is famous for its employee-protective laws. The District of Columbia and Illinois both offer plenty of workplace protections as well. In fact, Illinois might be more progressive than California on this score. For example, it recently became the first state (I believe) to prohibit job discrimination against the homeless, by making it illegal for employers to make job decisions based on the fact that an employee does not have a permanent address or uses the address of a shelter or social service provider as a mailing address.
The article features quotes from some lawyers, who pointed to two reasons states made the list: state laws that are very protective of employees (and apply to smaller employers) and state laws that don’t cap damages available to employees (as federal discrimination laws do, for example). All well and good, and quite explanatory of California, Illinois, and DC. But what about Alabama and Mississippi? These states don’t have their own comprehensive discrimination laws (which leaves aggrieved employees to sue under federal law, under which those limits on damages apply). In case you were thinking employers there are facing big wage and hour class action cases, they might be. But only if employees are suing under the federal Fair Labor Standards Act, because Alabama and Mississippi also don’t have their own minimum wage or overtime laws. Or their own laws requiring meal and rest breaks. Or state laws requiring family and medical leave.
Of course, employees could be suing under federal laws governing these topics. But that’s true in all 50 states. The article doesn’t explain — and I have no easy answer for — why employees sue more often in Alabama and Mississippi. But if you’re wondering what grounds you might have for a lawsuit in your state, I’ve got an assist for you: Check out our 50-state (plus DC) set of articles over on www.wrongfulterminationlaws.com on state wrongful termination laws.