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

Can I Still Work for My Employer If I’m Suing Them? 2026
Jan 08, 2026
Yes, you can continue working for your employer while suing them, and California law specifically protects you from retaliation for filing a claim. State and federal laws prohibit employers from retaliating against employees who file lawsuits for discrimination, sexual harassment, or other workplace violations. If your employer attempts to demote, cut your pay, terminate, or otherwise treat you unfairly because of your lawsuit, this constitutes illegal retaliation and may give you grounds for an additional claim against your employer.

 

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.

What Is Retaliation?

Can you sue a company and still work for them? Although work may become uncomfortable after filing a claim, you don’t have to leave your job if you don’t want to. State and federal law prohibit employers from retaliating against workers after filing a claim in California. Retaliation includes demotions, decreased pay, termination, etc. If you believe your employer is treating you unfairly because you filed a lawsuit, you may be experiencing retaliation.

Examples of Retaliation in California

Can you work for a company after you sue them? While some forms of retaliation are dramatic and obvious, such as wrongful termination, other types of workplace revenge are more subtle.

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!

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