Can I continue working for my employer if I am suing them?



Yes, you can generally continue working for your employer while you sue them. You do not have to quit your job or be fired to take legal action. However, there are a few important things to consider, as the situation can be complex and challenging.

You may decide to file a lawsuit against your employer for a variety of reasons, whether it is unpaid wages, discrimination, or harassment. Depending on the nature of your employment claim, your working relationship with your employer might become strained or uncomfortable. 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. If you experience negative actions such as demotion, termination, or harassment because of your lawsuit, you may have grounds for a retaliation claim.

If you decide to continue working while your lawsuit is ongoing, it is important to document any seriously negative treatment by your employer, such as demotion, loss of pay, or termination. This documentation can be useful if you need to prove retaliation or other adverse actions later.

If you are suing your employer, you should have an experienced employment attorney guiding you through the process. The lawyer will help you understand your rights and provide advice on navigating your work situation during the lawsuit.

Suing your employer can be emotionally taxing. Typically, when the work environment becomes problematic to the extent that legal action becomes necessary, it is reasonable to assume that the worker would no longer wish to remain employed at the workplace.

Continuing to work in such a tense environment might affect your mental well-being and job performance. Be sure to consider the emotional aspects involved when deciding whether to stay employed during the lawsuit.

Sometimes, lawsuits are resolved through settlements before going to trial. Depending on the terms of the settlement, you may need to decide whether you want to continue working for the employer after the lawsuit is resolved.

Ultimately, the decision to continue working for your employer while suing them should be based on a careful evaluation of your circumstances, legal rights, and emotional well-being. If you are unsure about how to proceed, consult a San Francisco employment lawyer who can provide you with guidance tailored to your situation. Contact McCormack Law Firm today to learn more.

Schedule your free consultation today: 415.925.5161

Client testimonials

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.