Suing Amazon as an Employee
Sometimes, employees may need to sue Amazon. The company's history hasn't always been a good one where workers are concerned. Many current and past employees talk of poor treatment and abusive behaviors. Most notably, these treatment issues include things like retaliation in the workplace, violations of overtime, discrimination, and other unfair labor practices.
Feeling safe at your workplace is important, no matter what company you work for or where your job is actually located. With Amazon, some of the most serious employment issues had to do with not feeling physically safe in the workplace, or being forced to work too many hours or in dangerous conditions. Sub-zero temperatures, 60-hour workweeks during the holiday season, and repercussions for doing something as simple as taking a restroom break are all areas where employees have brought up concerns.
The fast pace of Amazon warehouses is also worth noting, as the enormous pressure put on employees can cause burnout, fear of firing, and a lot of mistakes being made due to rushing through tasks. Employees with medical conditions have also been accused of stealing time from the company, because they needed to take more breaks to use the restroom. If you've experienced any of these kinds of treatment issues, it's understandable why you might be considering suing Amazon as an employee.
For employees who have said that the company treats its employees like robots, there have been retaliatory firings and other disciplinary adjustments. Women have sued due to pregnancy discrimination, and workers who need reasonable accommodations have been denied. For all the people who like working for the company, there are many who have strong feelings against it and who have been mistreated in some way. If you're one of them, suing may be necessary to help you receive fair and just compensation.
Harassment, discrimination, retaliation, denying leave of absence, overtime violations, minimum wage laws, and related labor laws all exist to protect workers from the kinds of harm that Amazon may be engaging in with some of its employees. If you've been on the receiving end of some of this illegal treatment, you may have a case against Amazon.
Unlike buyers and sellers, who may have arbitration as their only recourse, employees have more options. That's because labor laws apply to all companies, and Amazon can't cite a user agreement or their terms of service to get around how they treat the people who work there. Labor laws are very clear, and employees who can prove that they've been mistreated may want to bring a case against the retailer to compensate them for the harm done.
Filing a Small Claim Against Amazon
If you feel like you have a case, the next step is to file. You can file a small claim with Dispute completely on your own, and hassle-free.
Here is a list of necessary next steps to file.
Send a Demand Letter
Sending a demand letter is an essential step of before small claims court proceedings. It is also known as a notice of intent to sue, and it should be sent before filing in court. Many cases are resolved through strongly worded demand letters. It is advisable to send the letter on professional letterhead. If you use Dispute's services, you can choose what package you’d like to generate a demand letter. You can generate a letter on your own, or schedule an intake call with an agent and we’ll handle the rest. Once you've decided what to include in your letter, simply click 'Send' at our website and we will print and mail your letter for you.
Complete Necessary Legal Forms to File
After sending your demand letter, you’ll want to file a statement of claim. This is the official state small claims form. For this form, you'll need the following information:
- The courthouse you’d like to file in
- Reason for the lawsuit
- Claim amount ($)
- Name and address of the person/business that is being sued
If you are suing a business, you need to look up the certificate of doing business. Make sure you fill out the form corresponding to the county where the defendant lives, works or does business.
These forms can get tricky, and mistakes prevent your case from filing. So doing research is essential. Experts at Dispute file paperwork daily, and a full support team can help you find answers to your questions. Check out our package options for filing with us - you can choose different services based on your budget and needs.
If there are no errors, you'll get your documents back with a date for the hearing.
Serve the Defendant
Once your claim has been approved by the court, you’ll have to notify the defendant that you’re suing them. Different courthouses have different regulations regarding defendant service. Some require service through mail, while you may need to find a private process server for others.
Some courts require the defendant to “answer” the claim. Check your courthouse’s rules - you may not receive a date for trial unless the defendant files additional paperwork.
But if not, you’re ready for your day in court.
Preparing for Court
There are a few steps you can take when preparing for your day in court.
Can you sue amazon for injury?
If you're an employee, you can sue Amazon for injuries the company caused in the course of your employment. Because labor laws aren't protected by Amazon's terms of service, the company can't avoid treating you fairly or being liable for failing to do so. You'll need to be able to prove the issue you're suing about and the harm it caused, of course, but that's not specific to Amazon. You would need to do that with any type of employment lawsuit for injury.
As for suing for injury as a buyer or seller, there are some very select, specific times when you may be able to do that. As a seller, you may have the option to sue Amazon if they hold profits you've already made and won't give them to you. If you're a buyer, and you've been seriously injured by a product, you could have some legal recourse, even if the product was through a third-party seller. The reasoning behind this is that Amazon was the company that brought you and the seller of the product together.
Can you sue amazon for closing an account?
Sellers aren't able to sue Amazon for closing an account, and neither are buyers. That's because of the language in Amazon's terms of service, which states that the company can close accounts for any reason or no reason at all, at will. If you feel you've had an account closed wrongly, or in retaliation for something, and you want to try to get it reopened, you can seek out arbitration. In some cases, Amazon may reopen the account. But because it's "at will," they aren't under any obligation to do so.
Sellers who sue to have accounts reopened aren't often successful, as Amazon generally closes accounts that they feel are in violation of their terms of service. They may also close accounts with a lot of complaints or poor ratings. You can always ask for reconsideration, but don't have legal recourse to sue for a closed account.