Can I still work at my job if I sue them?
Asked by: Fletcher Shields | Last update: June 21, 2025Score: 4.8/5 (71 votes)
Can you work for a company after you sue them? The short answer is yes. 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 lose your job over a lawsuit?
A lawsuit could negatively affect you in a future job, though it should not under the law. If a Company refuses to hire you because you are asserting your legal rights under statutory employment laws, that failure to hire could be unlawful. You should discuss your concerns with your attorney.
Does suing affect my future employment?
In California, certain laws provide some degree of protection against employment discrimination based on one's involvement in litigation. Consulting with a legal team can help you to fully understand your rights and how best to protect future job prospects given your unique circumstances.
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.
Is it worth suing a company?
You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?
Can you sue your employer if you are still employed there?
Can I get fired for suing my company?
California law, however, prohibits employers from retaliating against employees who engage in protected activities, including filing a lawsuit related to workplace issues.
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.
Should I quit my job if I'm suing them?
Important Things to Note
First, it is essential to note that you can continue working for your employer after filing a claim against them. Whether your case against your employer alleges unpaid wages, any form of discrimination, or harassment, you still have the option to continue working.
Can you work with a lawsuit?
The short answer is yes. 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.
Is it hard to get a job after suing a company?
Most people in this position often ask, “Can I be denied a job because I sued my last employer?” The answer is no. They might be less inclined to hire you because of your current legal circumstances, but they cannot base their decision on a lawsuit.
How much does it cost to sue your employer?
Hourly rates vary based on the lawyer's experience but rates are typically between $200 to $600 per hour. Hourly fees can be advantageous if the client wants to settle the employment case quickly and avoid litigation. A contingency fee arrangement is best if you want to sue but cannot afford to pay a lawyer.
How long do employment lawsuits take to settle?
How Long Until Settlement? Potential clients usually ask our lawyers, “How long will it take to settle my case?” The best answer is that “it depends.” Typically, the average employment lawsuit in a California court takes one year or longer to litigate.
Is it hard to win an employment lawsuit?
The biggest problem with suing your employer is that it can be quite difficult to prove they did anything wrong. The good news is that most debates like this can be settled before it goes as far as going to court. If it doesn't though, here are the steps you'll need to take.
Is suing your employer worth it?
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.
What do companies do when they get sued?
Once you receive notice that a lawsuit has been filed, you have a legal duty to preserve information that may relate to the subject matter of the lawsuit. The scope of this duty is fairly broad and includes preserving not only documents but also emails, texts, and other electronic information.
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 I sue my job and still work there?
Yes. If your employer tries to get back at you for doing so, you can use them again for retaliation. So, if you have a wage and hour claim, sued your employer, and were punished for it in the form of demotions and harassment, then you have the right to file a retaliation claim in California.
How much can you get from a work injury lawsuit?
The average amount for a workers' compensation settlement is about $20,000. Every case differs, though, and our firm has gotten impressive case results for workers, including one award of $640,000. The factors that go into calculating a possible workers' compensation settlement agreement include: Lost wages.
What happens if an employee sues you?
Consider settlement options: Settlement negotiations can be a viable option to resolve the lawsuit without going through protracted litigation. Your attorney can help assess the strengths and weaknesses of your case and negotiate a fair settlement that protects your interests.
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.
Can I quit my job for unfair treatment?
To prove that you were constructively discharged you have to show that the conditions or actions of your employer were so bad (e.g., constant sex harassment) that a reasonable person in your position would have resigned.
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.
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.
Does suing mean jail time?
When you sue someone, you file a civil lawsuit with the courts in hopes of getting some form of financial compensation. As such, the person sued will not go to jail if you sue them, but they may be ordered by the court to pay you a large sum of money if they are found to be liable.
What can you lose in a lawsuit?
If a creditor files a lawsuit against you and wins a judgment, they can seize quite a few assets. They can garnish your wages, levy your bank account, and even go after your personal property. This includes everything from cars and furniture to clothing and household goods.