Is it worth suing your employer for discrimination?

Asked by: Korey Mraz IV  |  Last update: September 18, 2025
Score: 4.6/5 (48 votes)

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.

How much can you get for suing your employer for discrimination?

For companies with up to 100 employees, the limit of compensatory damages is $50,000. For those that have between 101 and 200 employees, the limit for damages is $100,000, while companies with between 201 and 500 employees have a limit of $200,000.

How likely are you to win a discrimination lawsuit?

The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.

Is suing an 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.

Does suing your 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.

Top 5 Reasons To Sue Your Employer

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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.

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.

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.

Is suing a company expensive?

On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.

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 much money is an employment discrimination case worth?

When it comes to California discrimination lawsuits, the potential payout varies greatly depending on the company's size. Take small businesses with fewer than 100 employees - they're looking at a maximum payout of $50,000. But scale up to 101-200 employees, and that number jumps to $100,000.

What makes a strong discrimination case?

The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.

How much can I sue my employer for emotional distress?

The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.

Do employers settle discrimination cases?

In our experience, most employers and employees prefer to settle discrimination cases out of court instead of going to trial. This is because settlement negotiations are usually faster and less stressful than litigation.

How much is a lawyer to sue a company?

Hourly rates vary based on the lawyer's experience but rates are typically between $200 to $600 per hour.

What is the maximum payout for discrimination?

While every case is unique, settlements can range from $25,000 to over $500,000. It's pretty impressive and goes to show, California doesn't play around when it comes to looking out for its workforce.

Is suing your employer worth it?

A lawsuit against your employer can also be the only effective way to obtain compensation for the harm you suffered. If your employer failed to pay you wages or discriminated against you and caused you financial losses, a lawsuit can be an effective means for obtaining the compensation you are owed.

Who pays for suing?

But it's more complicated. In the US, the rules can change depending on where you are and what kind of lawsuit it is. While each side usually pays its own legal fees (known as the American Rule), sometimes the court can make the person who loses pay some or all of the winner's lawyer fees and related costs.

What happens if you lose a lawsuit against a company?

Losing a lawsuit often means you'll be responsible for court fees and attorney's fees for both parties involved in the lawsuit. Many states also allow creditors to add post-judgment interest to the debt, often at rates higher than the original credit card interest rate.

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.

How do I sue a company for not finishing a job?

Preparing to Present a Case in Small Claims Court

It should also clearly show what work was left undone, long after the expected completion date. Good forms of evidence might include: original contract between you and the contractor or any other documentation showing the work to be done and the agreed-upon price.

Can you sue for not getting hired?

In such cases, the applicant may file a complaint or a lawsuit against the employer for or violation of anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), and the Age in Employment Act of 1967 (“ADEA”).

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.

Is filing a lawsuit stressful?

The reality is that filing a lawsuit in court can be a stressful experience. What you want to have there is an experienced employment lawyer, who can help guide you through the process.

How long does suing your employer take?

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.