Suing Your Employer While Still Employed: What You Need to Know
Facing discrimination, harassment, FMKA violations, or retaliation at work can be stressful enough without the added concern of how to protect your job if you decide to take legal action. Many employees wonder whether it is possible to sue their employer while still employed and what risks or considerations they should be aware of. Understanding your rights and strategic options is essential for protecting both your legal claims and your employment status. Read on for a discussion of this vital topic, and contact James P. Tarquin, P.A., in Ocala to share your concerns with an experienced Marion County employment law attorney.
Understanding Your Legal Rights
Employees are protected by federal and state laws that prohibit retaliation against workers who assert their rights. For example, under the Civil Rights Act (Title VII), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA), it is illegal for an employer to retaliate against an employee for filing a complaint or pursuing legal action. This means you have the right to take legal action even while you remain employed.
However, while these laws protect you from retaliation, they do not prevent employers from taking actions that could affect your job, such as reassigning duties or performance reviews, as long as these actions are unrelated to your legal claim. It is important to understand that your protections are strongest when the employer’s actions are clearly retaliatory and directly linked to your complaint or lawsuit.
Document Everything
If you are considering suing your employer while still employed, documentation is critical. Keep detailed records of incidents, communications, and any adverse actions taken by your employer. This includes emails, performance evaluations, internal complaints, and notes from meetings or conversations. Thorough documentation strengthens your legal case and helps protect you against potential retaliation.
Consult with an Experienced Employment Attorney
Before filing a lawsuit or taking formal legal action, consult with an experienced employment law attorney. They can evaluate your situation, explain your rights, and help you develop a strategy that minimizes risk. An attorney can also advise on whether filing an internal complaint first, seeking mediation, or proceeding directly to a lawsuit is the most effective approach for your circumstances.
Consider Your Employment Status
Suing your employer while still working there can create tension in the workplace. Even with legal protections, some employees find it challenging to continue in a hostile environment. Discuss your options with your attorney, who may suggest strategies for maintaining professionalism and minimizing conflict while your case proceeds. In some situations, employees may choose to negotiate a leave of absence or transition out of the company under mutually agreed terms.
EEOC Reporting and Complaints
Many employment law claims require that employees first file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. If the EEOC fails to pursue the matter within the required time frame or issues a “right to sue” letter, then the employee is cleared to sue. Not all employment law claims require this step.
Although it might not be required, filing a complaint with human resources or following your employer’s grievance process can demonstrate that you sought resolution before escalating the matter to litigation. Properly navigating internal reporting can also protect your rights under whistleblower or retaliation statutes.
Protecting Your Career
Maintaining confidentiality and professionalism is essential when pursuing legal action while employed. Avoid discussing your case with coworkers or posting about it on social media, as this can complicate your claim or create additional workplace conflicts. Your attorney can guide you on how to communicate about your legal action appropriately and protect your professional reputation.
Possible Outcomes
Suing your employer while still employed can lead to various outcomes, including settlements, policy changes, reinstatement of benefits or pay, or other remedies. While some cases are resolved quickly, others may take months or even years. Understanding the timeline and possible scenarios can help you prepare for the legal process and make informed decisions about your career and workplace well-being.
Conclusion
Taking legal action against an employer while still employed is a serious decision that requires careful planning, documentation, and professional guidance. Federal and state laws provide protections against retaliation, but navigating a lawsuit while maintaining your job can be complex. Working with an experienced employment attorney ensures that your rights are fully protected and that you have a clear strategy for pursuing justice while minimizing workplace risks.
If you are considering suing your employer in Central Florida, James P. Tarquin, P.A., is here to help. Our Marion County employment law firm represents employees in employment law matters and can provide guidance, advocacy, and support throughout the legal process. Contact us today for a no-cost, confidential consultation to discuss your situation and learn how we can assist you.
