Quick Answer
State and federal laws exist to protect employees. With the help of an experienced employment lawyer, eligible employees can pursue a claim and seek justice and perhaps even punitive damages without jeopardizing their employment or experiencing retaliation.
Many employees hesitate to take legal action against their employer after an unfair act in the workplace because they fear losing their jobs. Instead, they may remain in an unsafe work environment, wondering if they can sue their employer while still working for the company. In these situations, it’s important to understand your rights, legal protections, and the steps involved.
How to Sue Your Employer While Protecting Your Rights as an Employee
Employees have the right to fair treatment under both federal and state laws. This means you have a right to work in a safe place and be treated fairly. You can pursue claims for issues you have in the workplace, like age discrimination, sexual harassment, wage and hour violations, retaliation, and emotional distress.
Filing a lawsuit for harmful behavior does not automatically mean you must leave your job. Many employees successfully pursue claims for workplace discrimination while remaining employed, but there are considerations to keep in mind to protect your position.
Legal Protections Against Workplace Discrimination
One of the biggest concerns employees face is retaliation. Federal and state laws make it illegal for employers to retaliate against employees who assert their legal rights, but that doesn’t mean employers won’t attempt to do so.
Retaliation can take on many forms. Examples of retaliation include demotion to a lesser position or termination of employment, an unfair and unnecessary reduction of hours in pay, harassment or exclusion, and negative performance reviews. Documenting everything, including emails, meeting notes, and communications, helps protect you if retaliation occurs.
When You Might Consider Suing While Still Employed
Not every violation demands a lawsuit, but if speaking to your employer has not worked, you might consider pursuing a claim even if you remain employed. If your employer repeatedly fails to pay you overtime or minimum wage, you can pursue a claim (while still employed) to recover the unpaid wages you missed. Likewise, if you are being treated unlawfully or if you are experiencing retaliation for reporting safety violations, you should consider taking legal action.
In these cases, timing is important. Consulting an employment attorney before filing a claim ensures you understand your options and potential risks.
How to File a Lawsuit Against Your Employer While Protecting Your Job
If you need to sue your employer while you are still employed, there are steps to take to ensure you handle a claim legally and protect your job.
Consult an Experienced Employment Attorney
Speaking to an experienced employment attorney is important before you bring a claim against your employer. Our legal team can help evaluate the strength of your case and explain all your legal options. If you decide to file a claim, having an experienced attorney who can prove your employer violated your rights helps protect you during the entire process.
Explore Administrative Remedies
Before pursuing legal action, many claims must first go through administrative channels, such as:
- Equal Employment Opportunity Commission (EEOC) for discrimination or harassment claims
- State labor boards for wage and hour violations
- Occupational Safety and Health Administration (OSHA) for unsafe working conditions
Using these agencies can help resolve issues without immediately resorting to litigation, while creating a documented record if legal action becomes necessary.
Document Everything
Keeping accurate records is essential. Save copies of all correspondence, pay stubs, notes, and witness statements to support your claim. When taking phone calls or having conversations, take notes so that you can easily call to mind what transpired.
Well-documented evidence strengthens your claim and protects you from disputes about the facts of your case.
Maintain Professionalism at Work
While pursuing a claim, maintaining professionalism helps protect your position. Avoid discussing the case with coworkers in ways that could escalate tension. Focus on performing your job duties effectively, even as legal proceedings move forward.
Keep in mind that although retaliation is illegal, an employer may be able to terminate you for valid reasons if you begin to perform in a way that is outside of your expected work standards.
Potential Risks and Considerations
While it is possible to sue your employer for a hostile work environment while you are still employed, there are considerations. Some employees who bring suits against their employers for unfair treatment experience tension in the workplace not only with their supervisors, but with their colleagues as well. This may be unavoidable in certain situations.
Bringing a claim against your current or former employer may also result in undue stress. Balancing your job with a legal claim can be overwhelming. An employment law attorney can help mitigate these risks by guiding communications, managing filings, and protecting your rights.
Benefits of Filing While Employed
Despite the risks, there are advantages to pursuing a claim while still employed. First, you’ll continue to earn an income during the claims process. You may also show stability and bolster your claim by staying employed and reducing any arguments about lost income.
In many cases, filing while employed is the safest and most strategic choice.
When Leaving Your Job Might Be Necessary
There are situations where leaving your employer may become necessary. If you find yourself in a workplace that poses a health or safety risk that places you in immediate danger, leaving your job may be the best option. In some cases, workplace violations can become so hostile that it is not safe for you to stay while you pursue a claim.
Even in these scenarios, having an attorney guide you ensures you protect your rights and maximize potential recovery.
Federal and State Laws Allow You to Keep Your Job While Filing a Claim
Yes, you can sue your employer while you are still employed, and even keep your job. In most cases, employees have legal avenues to pursue claims without losing their jobs. However, careful planning, documentation, and professional guidance are essential to protect both your claim and your employment while you seek compensation for discriminatory practices.
Contact an Employment Lawyer at Pond Lehocky for Help Filing an Employment Lawsuit
If you are considering legal action, don’t file a lawsuit alone. Contact Pond Lehocky today. Our experienced employment law attorneys can review your situation, explain your rights, and help you seek justice safely and effectively, whether you remain at your job or decide to move on.
