Is It Worth Suing Your Employer? The Real Truth
You're sitting at your desk, your heart pounding, as you read an email from HR. Another day, another battle in what feels like an endless war against injustice at work.
The thought crosses your mind: "Maybe I should sue."
But before you start looking for an experienced employment lawyer, let's take a moment to consider: Is it worth suing your employer?
The Truth About Lawsuits
I'm a conflict resolution strategist and a former trial lawyer, so it's fair to say that high-stakes legal disputes are familiar to me.
One day I was sitting opposite a client whose child had been hurt and was starting a lawsuit on the child’s behalf.
But we weren’t talking about legal strategy.
Instead, the client was telling me about how they felt like they failed as a parent, and as a person. They spoke of their shame, their sense of powerlessness, and their sadness.
Yes, they were looking to advocate on behalf of their child and get justice to ensure something similar didn’t happen again. But they were also looking to heal. To reassemble the pieces.
They were looking to bounce back. To be their own hero. To be the character in the story who manages to win. The one we root for, who gets their happily ever after.
So, when you have a conflict with your employer, it isn't just about winning a case or getting a payout.
It's about your story - your journey from this moment of crisis to whatever comes next.
And trust me, there's a lot more to that journey than just a courtroom drama.
But let's start at the beginning.
Can I Sue My Employer?
First things first: yes, in many cases, you can sue your employer.
The law provides protections for employees in various situations:
Discrimination based on race, gender, national origin, age, religion, disability, or sexual orientation
Sexual harassment
Wrongful termination
Retaliation for whistleblowing or reporting illegal activities
Breach of contract
Unsafe working conditions
Unpaid wages and hour violations
But just because you can sue doesn't always mean you should. Let's dig deeper into what pursuing legal action can and can't do for you.
The Reality Check: What Lawsuits Can and Can't Do
Lawsuits can’t put things back to the way they were.
Instead, they’re a way of seeking compensation. And it’s important to understand that compensation is only a substitute for what you’ve lost, not a complete replacement.
While the outcome of a winning lawsuit can look after some of the practical components of a problem (let’s be honest for a moment, money might not solve everything, but it definitely helps with a LOT of things), a lawsuit can’t put things back to the way they were “before”.
And starting a lawsuit alone won’t automatically bring you triumph that will secure your “happily ever after”.
And other than maybe getting a few extra $, rarely are people infinitely better off at the end of the day. Most people would tell you that they would far prefer to go back to the way things were before they were wronged in the first place.
They start the lawsuit as the victim and come out of the lawsuit as the victim.
It’s not exactly the look of a hero.
A lawsuit is a tool - a powerful one, yes, but still just a tool.
It's not a magic wand that fixes everything in your life. Understanding this is crucial because it allows you to set realistic expectations and, more importantly, to look beyond the lawsuit itself.
The Hidden Opportunity in Workplace Conflict
Before you run to an experienced employment law attorney, I need to ask you this important question.
What if this conflict - this moment that feels like your world is crumbling - could be the catalyst for something amazing in your life?
I'm not talking about a big settlement check (though that might be part of it). I'm talking about personal growth, about redefining who you are and what you're capable of.
Remember the client I mentioned earlier, the parent whose child had been hurt?
They came to me feeling like a failure. But by the end of our journey together, they had become something else entirely - a beacon of resilience, an example of strength not just for their child, but for others facing similar challenges.
Your workplace conflict could be the push you need to:
Discover strengths you never knew you had
Redefine your career goals
Learn to advocate for yourself more effectively
Develop a deeper understanding of your values and what truly matters to you
Build resilience that will serve you in all areas of life
I'm not trying to put a positive spin on a bad situation.
But my work in conflict coaching is all about recognizing that every challenge, no matter how daunting, carries within it the seeds of opportunity.
Is Suing Your Employer Worth It?
Now we come to the million-dollar question (sometimes literally): Is it worth suing your employer?
The answer, frustratingly enough, is that it depends.
A lawsuit can sometimes be a crucial part of your conflict strategy. It can give you:
Financial compensation for damages
A sense of justice and closure
Potential changes in company policy that benefit others
A public acknowledgment of wrongdoing
But it's not always the best or only path forward. Sometimes, alternatives like mediation, negotiation, or even a career change might be more beneficial in the long run than hiring an employment attorney.
The key is to view the lawsuit not as an end in itself, but as a potential part of a larger strategy - your comeback strategy.
Because yes, it's possible to bounce back from a scandal stronger than ever.
What Statistics Say
Let's look at the numbers. According to the Equal Employment Opportunity Commission (EEOC), in fiscal year 2020:
67,448 charges of workplace discrimination were filed
The agency secured $439.2 million for victims of discrimination through mediation
Around 90% of cases settle before trial (general estimates)
These numbers are for the US, but I'd assume it's similar for Canada and other Western countries.
Determining an "average" settlement amount for employment lawsuits is challenging because many settlements are confidential and different types of employment lawsuits (discrimination, wrongful termination, wage disputes, etc.) have different settlement ranges.
So, is the legal process worth it?
If you have a valid legal claim, it may be, but it should always be a part of a bigger conflict strategy.
You are not a victim.
So what will your comeback look like?
Reframing the Conflict and Your Comeback Strategy
The client with the injured child? Their story isn't just about a lawsuit. It's about transformation.
They chose to be more than just a plaintiff. They became an advocate, a source of strength, a role model for resilience.
They didn't just seek justice. They sought growth.
Your situation at work - whatever it may be - isn't just a legal issue. It's a chapter in your life story. And YOU get to decide how that chapter ends.
So, ask yourself:
What do I want my life to look like after this conflict?
How can I use this experience to become stronger, wiser, and more resilient?
What opportunities for growth and change does this situation present?
How can I turn this setback into a comeback?
Your comeback strategy might include legal action, but it shouldn't end there. It should encompass your personal growth, your career aspirations, and your mental and emotional well-being.
If you're ready for help from an executive conflict coach who was also a lawyer, crisis manager, and trained negotiator - learn more about my 1:1 coaching.
When Litigation Is Necessary: Making It Count
Sometimes a lawsuit is necessary.
Maybe your human resources department refuses to address serious violations, or perhaps the issues are so bad that legal action is the only appropriate response.
If you find yourself in this situation, here's how to make it count:
Be clear about your goals: Is it just about money, or are you seeking policy changes? Understanding your objectives will help guide your strategy.
Document everything: Keep detailed records of incidents, conversations, and any evidence related to your case.
Take care of yourself: Lawsuits are very, very stressful. Prioritize your mental and emotional health throughout the process.
Think beyond the courtroom: How can you use this experience to advocate for others or make positive changes in your industry?
Plan for life after the lawsuit: Regardless of the outcome, have a plan for moving forward in your career and personal life.
An employment law case isn't just about what happened in the past. It shapes your future, too.
Does Suing Affect My Future Employment?
It's a valid concern: will suing your employer make you unhireable?
The short answer is that it shouldn't, but it might impact your job search.
Legally, in most countries, employers can't refuse to hire you simply because you sued a previous employer. That would be considered retaliation and is illegal under most employment laws.
But, as always in life, the reality is a bit more complex:
Some employers might be wary of hiring someone with a history of litigation, even if they don't explicitly say so.
Lawsuits are often a matter of public record, which means potential employers could find out about them during a background check.
You may need to explain gaps in your employment history if the lawsuit process took a significant amount of time.
On the flip side, many employers respect people who stand up for their rights.
Plus, the skills you develop through the litigation process - resilience, advocacy, negotiation - are highly desirable in many roles, too.
The key is to frame your experience positively. Focus on what you learned, how you grew, and how it made you a stronger professional.
FAQs
How Much Can You Get for Suing Your Employer?
It depends. Sorry, I know that it's a frustrating answer! Settlements and judgments can range from a few thousand dollars to millions, depending on the nature and severity of the case. Plus, there are things that money just can't buy: personal growth, resilience, and the satisfaction of standing up for what's right.
What Kind of Lawyer Do I Need to Sue a Company?
You'll want an employment law attorney. These lawyers understand the complexities of workplace laws and regulations. It's also a good idea to look for someone with experience in cases similar to yours. And it's also important to find a lawyer who understands your personal goals and can help you see the bigger picture of your career and life beyond the lawsuit.
Can I Sue my Employer for Emotional Distress?
Yes, but it's complicated. You generally need to prove that the emotional distress was severe and that your employer's actions were extreme or outrageous. It's not enough that work was stressful or your boss was unpleasant. These cases can be challenging to win, so consider whether there are other ways to address the situation that might be more beneficial for your overall well-being.
Can You Sue for Wrongful Termination?
Absolutely, if you have legal recourse and can prove that your termination was illegal. This could include being fired as a result of discriminatory practices, as retaliation for reporting illegal activities, or in violation of an employment contract. But in many countries, employment is "at-will," meaning you can be fired for any reason (or no reason) as long as it's not illegal.
Can You Sue for Harassment?
Yes, you can sue for harassment, especially if it's severe or pervasive enough to create a hostile work environment. This includes sexual harassment, as well as harassment based on protected characteristics like race, age discrimination, or disability.
Can I Sue for Hostile Work Environment After I Quit?
Yes, you can still sue for a hostile work environment after quitting, but there are some caveats you should discuss with your legal team. Quitting can sometimes strengthen your case if you can prove that the environment was so unbearable that any reasonable person would have resigned, but it ultimately depends on your specific legal situation.
Should I Quit My Job If I’m Suing Them?
This is a tricky question without a one-size-fits-all answer. Staying at your job while suing can be stressful, but quitting could impact your case and your financial stability. This is an example of a situation in which conflict coaching would be very beneficial because you're in a tense situation that’s a non-negotiable in your life - reach out to learn more about how I can help!
Should I Tell My Employer I’m Suing?
In most cases, your employer will find out about the lawsuit when they're served with legal papers. It's generally not a good idea to give them a "heads up" because it can lead to retaliation or attempts to undermine your case. Always consult with your attorney before communicating with your employer about legal action.
Can You Sue If Your Boss Is Mean?
Being mean, unfortunately, isn't illegal. You generally can't sue just because your boss is unpleasant, critical, or a poor manager. But if your boss's behavior crosses into harassment, discrimination, or creates a hostile work environment, then you might have grounds for legal action.
Is your boss a narcissist? Learn how to negotiate with narcissists with these 7 strategies.
Craft Your Comeback Story
A lawsuit, whether you pursue one or not, is just one chapter in your story.
The real question isn't "Should I sue my employer?" but rather, "How do I want to grow from this experience?".
Your comeback story is waiting to be written.
It might involve legal action, or it might not. But it will definitely involve you stepping into your power, advocating for yourself, and emerging stronger than before.
Start with The Step Up Membership or learn more about 1:1 Conflict Coaching.
