Can you go back to a job after suing them?
Asked by: Annabel Kessler | Last update: November 10, 2025Score: 4.6/5 (62 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.
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.
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 I still work for a company if I sue them?
It might even give rise to potential conflicts in the workplace. 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.
Top 5 Reasons To Sue Your Employer
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.
Is suing civil or criminal?
After a person is arrested and charged with a crime, that person goes to a Criminal Court. Civil law refers to almost all other disputes—these are the rules that apply when one person sues another person, a business or agency.
Can you go back to a company after suing?
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.
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.
Should I tell my job I'm suing them?
Communicate politely with HR and management and check with your lawyer before discussing the lawsuit with anyone. Not everyone you work with will know about your lawsuit, nor should they. And remember that filing a lawsuit is not a lawful reason for an employer to fire its employee.
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.
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 I sue to get my job back?
You can file a complaint with government agencies like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies investigate discrimination and retaliation claims and may take legal action on your behalf if they find evidence of wrongdoing.
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 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.
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 you sue your employer for emotional distress?
Yes, you can sue your employer for emotional distress if you can prove that their actions or negligence caused severe emotional harm.
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 I be fired if I sue my employer?
It's extremely important that the employee understands that they cannot be punished at work as a result of filing a lawsuit. It takes an extremely courageous person to stand up to an employer with their livelihood at stake.
How long does suing a company take?
Cases can go on as long as five years in California State Court and even longer in Federal Court excluding any Appeals. In California, we have a fast-track rule and usually get cases to trial pretty quickly, but that doesn't mean it's a guarantee. California says your case needs to get to trial within five years.
What happens when a company sues you?
If you're being sued, you'll receive official court papers
If you are being sued, you'll receive at least two documents. One is called a Summons and the other a Complaint. These documents are typically handed to you or might be left with someone 18 years or older at your home, work, or mailing address.
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 happens if you sue someone with no money?
If the court finds the defendant responsible, they are legally required to compensate you, even if they currently lack the funds. Winning the lawsuit means the defendant owes you the amount decided by the court, which you can pursue through various legal avenues.
Is it worth going to small claims court for $500?
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.