Can I Still Work for My Employer If I’m Suing Them? 2026

Employees often refrain from filing a claim against their employer because they don’t want to lose their job. However, suing your employer and quitting (or getting fired) from your job doesn’t always have to go hand in hand. If you are facing discrimination or sexual harassment in your place of work, you can file a claim without facing retaliation.

Federal and California Legal Protections Against Retaliation

Employees who file a lawsuit or complaint against their employer are protected under several overlapping laws:

• California’s Fair Employment and Housing Act (FEHA): Government Code § 12940(h) makes it unlawful for an employer to retaliate against an employee for opposing discrimination or harassment, or filing a complaint, testifying, or assisting in any proceeding under FEHA.
• California Labor Code § 1102.5: California’s whistleblower statute, which protects employees who disclose information they reasonably believe shows a violation of state or federal law, or who refuse to participate in illegal activity.
• Title VII of the Civil Rights Act of 1964: Federal protection against retaliation for employees who oppose discriminatory practices or participate in an EEOC investigation, proceeding, or hearing.
• California Labor Code § 98.6: Protects employees from retaliation for filing a wage claim or complaint with the Labor Commissioner.
• Private Attorneys General Act (PAGA): Employees who bring representative claims for Labor Code violations are protected from retaliation for doing so.

Because these protections run through multiple statutes, the type of claim you’re pursuing (discrimination, wage theft, whistleblowing) can affect which specific law applies to your situation, another reason to consult an attorney early.

What Is Retaliation?

Can you sue a company and still work for them? Retaliation occurs when an employer punishes an employee for filing a legal claim, opposing discrimination, or participating in a workplace investigation. California and federal law prohibit this conduct once an employee files a claim. Common forms of retaliation include demotion, reduced pay, and termination. Employees who experience unfair treatment after filing a claim may be experiencing unlawful retaliation, even if work has simply become uncomfortable rather than overly hostile.

Examples of Retaliation in California

Can you work for a company after you sue them? California law recognizes retaliation in both obvious and subtle forms. Wrongful termination is the most dramatic example, but retaliation can also take place through smaller, harder-to-prove changes to a worker’s day-to-day treatment.

Common types of retaliation include the following:

• Wrongful termination
• Unfair disciplinary action
• Negative performance reviews
• Micromanagement shortly after filling a complaint
• Exclusion from meetings, projects, and other workplace functions you ordinarily would have been included on
• Denial of necessary or ongoing training
• Denial or promotions, raises, or other compensation and benefits
• Reduction in pay or denial of bonuses and overtime
• Unfairly increased workload or unequal expectations for you compared with your peers

Seek Legal Guidance

Filing a claim against your employer is never easy. Let our team at Kramer Brown Hui LLP help you with your case. Whether you want to file a discrimination, unpaid wages, or wrongful termination claim, our team can guide you through the process from start to finish. We offer a free consultation to discuss and review your case, with no obligation to retain us to represent you. We often work on a contingency-fee-basis. This means we won’t charge you until and unless your case ends with a settlement or jury award.

Contact our Los Angeles employment law attorneys today at (213) 310-8301 to schedule a consultation!

California Employment Law Resources:

• Constructive Discharge in California: Is It Illegal
• Can I Sue My Employer for Wage Theft in California?
• Employee Rights Under California Wage & Hour Laws