Our content is written and reviewed by experienced California employment trial lawyers and fact-checked for accuracy. We follow strict internal standards to ensure everything we publish is reliable, transparent, and up to date.
- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
Yes, you can sue your employer while still working for them. Filing a lawsuit against your employer does not require you to quit your job, and you are legally protected from retaliation, such as wrongful termination or other adverse actions, because of the lawsuit.
However, suing your employer while still employed can create a tense work environment, so it’s important to document any negative behavior that occurs after you file your claim. This documentation can be crucial if your employer attempts to retaliate against you for taking legal action.
In most cases, employees sue for issues like discrimination, harassment, wage violations, or failure to accommodate disabilities. The law protects your right to seek legal recourse without fear of losing your job or facing unfair treatment.
In summary, you have the right to sue your employer while still working for them, and legal protections exist to prevent retaliation. If you’re considering this step, consulting with an employment attorney can help you navigate the process and protect your rights.
