Can you get fired after suing your employer?
Asked by: Sabryna Gerhold Jr. | Last update: November 30, 2025Score: 4.8/5 (68 votes)
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.
Can a company fire you after you sue them?
Simply put, you can not and should not terminate an employee solely because they say they will sue you for something. That could result in a wrongful termination suit based on retaliation. Employees and employers both have rights, responsibilities, and limitations.
Does suing an employer affect future employment?
The impact on future job prospects
Employers are increasingly thorough in their background checks and often look for any signs of litigation involving potential hires. However, the impact of an employment lawsuit on job prospects largely hinges on the nature of the lawsuit and how future employers perceive it.
What happens when an employee sues an 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.
Is it hard to get a job after suing a company?
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.
Top 5 Reasons To Sue Your Employer
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.
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.
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.
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.
Can you sue an 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 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.
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.
Can you get blacklisted for suing your employer?
So no, you will not end up in a blacklist. You will not be unemployable if you sue your employer.
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 for quiet firing?
If the tactics used in quiet firing violate specific provisions of the California Labor Code—such as wage and hour laws, safety regulations, or other employment standards—the employee might have a basis for a complaint or legal action against the employer.
Should I sue my employer for discrimination?
Under California law, it is a civil right to have the opportunity to seek and hold employment without discrimination based on race, religion, sexual orientation, and other forms of unlawful discrimination. If you are discriminated against, you can file a lawsuit against your employer for unlawful discrimination.
Will I lose my job if I sue my employer?
California law, however, prohibits employers from retaliating against employees who engage in protected activities, including filing a lawsuit related to workplace issues.
What is the highest settlement for wrongful termination?
If you're fired unfairly, gathering evidence and seeking legal help is key to building a strong case. Settlements vary widely but could range from $5,000 to over $1 million based on your situation's specifics.
Is it common for employers to sue employees?
Although it is more common for an employee to file a lawsuit against an employer, there are many circumstances where an employer would sue an employee.
Is it hard to get a job after suing?
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.
Can an employer fire you after you sue them?
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.
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.
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.
How long does an HR investigation take?
There is no set HR investigation timeline, and it can take anywhere from a few days to months. However, the investigation should start immediately after HR has become aware of the concern to ensure relevant evidence and facts will not be lost.
How long does an employer have to respond to a lawsuit?
If a lawsuit is filed, the employer has 35 days following service of process to file an answer to the Plaintiff's complaint. This is called the pleadings stage of a lawsuit. After the pleadings stage of a lawsuit, the parties will then proceed to the discovery phase of a lawsuit.