Can I get fired if I sue my employer?
Asked by: Nicholaus Brekke MD | Last update: June 10, 2025Score: 4.6/5 (16 votes)
In fact, in most cases, the law protects workers from being fired for filing a lawsuit against the employer. As a result, the decision to stay or leave is left to the employee.
Can you fire an employee that is suing you?
Legally, your employers are not allowed to terminate you unless you do something unlawful or fail to perform your job correctly. Simply filing a lawsuit is not a lawful reason for an employer to fire their employee.
What happens when you sue your employer?
The Outcomes of a lawsuit can vary widely, ranging from financial settlements, reinstatement at work, changes in employment policies, or, in some cases, going to trial. Each case is unique, so outcomes will depend on the specifics of your situation and the strength of your evidence.
Should I quit my job if I'm suing them?
Yes, you can generally continue working for your employer while you sue them. You do not have to quit your job or be fired to take legal action. However, there are a few important things to consider, as the situation can be complex and challenging.
Does suing a company affect future employment?
If I Sue My Employer, Will It Be Harder to Get a Job in The Future? Suing the company you previously worked for can put you in a difficult position if you're applying to other jobs, as it hypothetically tarnishes your record as an employee.
Top 5 Reasons To Sue Your Employer
Can you lose your job over a lawsuit?
You can choose whether to stay with your employer after filing the lawsuit or move on to a different employer. While employers usually have the right to fire at-will employees for any reason, they cannot fire them in retaliation after filing many types of lawsuits.
Is it worth suing a company?
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
Should I tell my employer I'm suing?
Before filing a lawsuit, you typically must report the issue to your employer or HR department. This gives the employer an opportunity to resolve the problem.
Can you sue your employer for emotional distress?
Can you sue your employer for emotional distress? Yes, you can file an emotional distress lawsuit. If a supervisor caused emotional distress or a co-worker recklessly or intentionally inflicted emotional distress, you may have a case. Some workplaces are more stressful than others.
Is an employment lawsuit worth it?
It will not only benefit you, but your co-workers as well because it will likely make your workplace safer by creating a better environment for all. When you sue, you can also obtain a legal remedy for the discrimination you have faced. Employers often offer a significant sum in these cases.
Can a lawsuit prevent you from getting a job?
Even if your lawsuit does go to court and become public, potential employers probably won't find out about it; and even if a potential employer does find out about your lawsuit, it is illegal for them to not hire you because you were previously involved in an employment lawsuit.
Should I sue my employer for wrongful termination?
It often depends on whether you believe the trivial or unfair reason your employer gave for firing you was their real reason, or whether you feel that they used a fabricated or minor infraction as an excuse (“pretext”) to fire you for a reason that is prohibited by California's anti-discrimination and whistleblower ...
What makes a strong retaliation case?
What Makes a Strong Retaliation Case? A strong retaliation case has clear evidence linking an employee's protected action, like reporting harassment, to an adverse reaction from the employer. Demonstrating this connection can lead to a successful retaliation settlement.
Can I threaten to sue my employer?
DO NOT THREATEN YOUR EMPLOYER – Threats that you will sue will only be used against you. Threats you will report your employer's unlawful conduct to a branch of the government, however, is protected whistle blowing.
Can you sue your employer for unfair treatment?
Yes, you can take legal action against a company for unfair treatment. California's employment laws protect individuals from discrimination, sexual harassment, and wrongful termination. If you believe you've been treated unfairly at work, it's essential to understand your rights and the legal avenues available to you.
Can I counter sue my employee?
Employers may want to go on the offensive, either by bringing direct legal action or by filing a counterclaim in response to an employee's complaint. Employers must carefully weigh the benefits against the potential pitfalls before filing counterclaims against their employees.
Can I sue my employer for a toxic work environment?
Employees who experience a hostile work environment in California have options for seeking redress. They can file a complaint with the California Department of Fair Employment and Housing (DFEH) or file a lawsuit in court.
When can an employer sue an employee?
If an employee breaches a contract or fails to fulfill legal obligations, the employer usually has grounds to bring a lawsuit. An example is when an employee shares confidential trade secrets in violation of an NDA (Non-Disclosure Agreement), causing financial damage to the company.
How hard is it to prove emotional distress?
Proving a claim for emotional distress can be intricate due to the subjective nature of emotional experiences and the lack of tangible evidence. However, several key considerations increase the likelihood of a successful claim: Severity.
Will I lose my job if I sue my employer?
Even though it may add to an already uncomfortable work situation, filing a lawsuit against your employer for their unlawful activities adds a further layer of protection to the employee against further retaliation. In this respect, filing a lawsuit while still employed works in the employee's favor.
Should I let someone know I'm suing them?
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.
Can you sue if your boss is mean?
Yes, you can sue your employer for emotional distress caused by workplace harassment, discrimination, or a toxic work environment. What is emotional distress? Emotional distress is mental anguish caused by offensive, threatening, or demeaning behavior at work.
What are the downsides of suing?
Upfront Costs and Expenses
Though we work on contingency, lawsuits have unavoidable costs – case expenses, legal fees if resolution fails, and the risk of paying defense fees in some instances. While unavoidable, expenses may be recovered upon a successful outcome, but they represent a financial risk.
How much money is enough to sue?
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
Is it better to sue or settle?
Litigation takes time and often leads to more time due to appeals and retrials. You will have to be involved as the trial progresses. Whether you are the plaintiff or the defendant, if the total time spent in litigation is not worth a good outcome in court, then settlement is probably a better option.