What to expect when you Sue your employer?
Asked by: Mr. Skye Daniel MD | Last update: December 18, 2025Score: 4.8/5 (36 votes)
Being a plaintiff in active litigation may require you to help the attorneys prepare your case, to sit for a deposition, to attend a medical exam (depending on the type of damages sought and the type of case), and to attend each day of your trial or hearing if that case gets that far.
Is it worth suing an employer?
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.
Can you lose your job if you sue your employer?
California law, however, prohibits employers from retaliating against employees who engage in protected activities, including filing a lawsuit related to workplace issues.
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.
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.
What Happens When You Sue Your Employer?
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 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.
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.
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.
How much does it cost to sue an 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 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.
When can an employer sue an employee?
Negligence. Typically, an employee is not held liable for ordinary carelessness or negligence in the performance of their duties. However, if an employee acts outside the scope of reasonableness, causing damage or injury to either property or persons, an employer may be able to sue an employee for negligence.
Can you keep your job if you sue your 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.
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 do you get if you win a case as a lawyer?
Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home. Lawyers who work on contingency only get paid if they win you money.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Do attractive lawyers win more cases?
The odds ratio reveals that a one-unit increase in an attorney's image-based attractiveness score makes the attorney 1.135 times more likely to win a case. This is a similar size to the judge-level effect.
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.
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 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 I get fired if I sue my employer?
Retaliation Is Illegal
Importantly, the outcome of the lawsuit also has no bearing on whether or not your employer can terminate you. Even if you lost your case against the company, your employer can't use its victory as a shield or justification to fire you.
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.
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.