Should you let your employer know you are suing them?
Asked by: Prof. Bud Smith IV | Last update: August 25, 2025Score: 4.4/5 (20 votes)
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.
Should I let someone know I'm suing them?
Regardless of your possible future planned intentions, you should communicate as per your normal method of communication. If you finally do decide to sue them in the future, you should let your lawyer handle it.
How do you tell a company you will sue them?
A letter of intent to sue is used to notify an individual or business that legal action may be taken against them if the demands included in the letter are not met.
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.
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.
What Happens When You Sue Your Employer?
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 find 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.
Should I tell my employer I'm suing them?
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 get fired after suing your 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. As a result, the decision to stay or not rests in your hands.
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 it worth it to sue 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?
Is telling someone you will sue them a threat?
Threatening to sue someone with a civil lawsuit is not a problem, but it can be subjected to illegal harassment if it is meaningless. An empty threat with a lawsuit is considered illegal when the person suing does not hold anything against the person.
What are the 5 steps to initiate a lawsuit?
- Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
- Step 2: Answer Complaint. ...
- Step 3: Discovery. ...
- Step 4: Failing to Respond to Discovery. ...
- Step 5: Conclusion of Lawsuit.
What happens if someone sues you and you have nothing?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
Should I send a demand letter before suing?
Write a Demand Letter
This is a step you must take before filing a small claims court case. If you ask for the money and the other side pays you, you won't need to go to court.
Am I allowed to talk about a lawsuit?
The Importance of Confidentiality
Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.
Do lawyers drag out cases to make more money?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
How long does a lawsuit against an 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.
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.
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 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.
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.
Are wrongful termination suits public record?
As a reputable law firm, we often get asked if pursuing a wrongful termination case automatically makes you look like a troublemaker for other employers and ruins your work history. And the answer is, “kind of.” You see, a wrongful termination lawsuit goes public the second you file it against your former employer.
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.
How do you know if a company is suing you?
If you receive a form called a Summons (SUM-100) it means that someone is suing you in court. In addition to the Summons, you'll also receive another document, called a Complaint. The Complaint describes the details of the case against you.