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Can you pursue an employment lawsuit if you are still employed? Are you being mistreated in the workplace? If so, you might be considering the possibility of pursuing an employment claim against your employer. However, you might have many questions—especially regarding the action of pursuing a claim while you are still employed.

Can you pursue an employment claim while you are still working with the employer that you are suing? Are employment claims reserved for those you have already lost their jobs? Without a doubt, there is a general misconception that only employees who have already lost their jobs can pursue employment claims. However, anyone can pursue an employment claim.

If you would like to learn more about your right to pursue an employment claim while you are still employed, do not hesitate to contact California Labor Law Employment Attorneys Group at your earliest convenience. California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling a variety of employment claims and helping claimants to recover the compensation that they deserve. If you are considering the possibility of pursuing an employment claim against your employer, do not hesitate to contact our law firm to learn more about your right to sue your employer while you are still employed.

What Can You Sue For If You Are Still Employed?

Consider the most common types of employment claims: wrongful termination claims, discrimination claims, sexual harassment claims, whistleblower claims, retaliation claims, and wage/overtime claims, for example. You could pursue nearly all the claims mentioned above while you are still employed—of course, with the exception of wrongful termination claims. Wrongful termination claims are founded on the grounds of a termination; therefore, the claimant must have lost his or her job.

Any claims for employment discrimination, sexual harassment, wage/overtime, whistleblowing, or retaliation are still pursuable—even if you are still employed. If you would like to learn more about your right to sue your employer if you are still employed, do not hesitate to contact our employment law firm at your earliest convenience.

The Dangers of Suing Your Employer If Your Are Still Employed

Without a doubt, you might be hesitant to pursue a claim against your employer if you are still employed. Consider the following negative outcomes that could occur once you file a claim while you are still employed:

  • Your employer might begin to treat you unfairly.
  • Your employer might treat you worse than he or she was treating you prior to the claim.
  • Your employer might try to retaliate against you.
  • Your employer might actively look for valid reasons to terminate you.

In addition to the repercussions that you might face if you file a claim against your employer while you are still working for them, your claim itself might also be affected. How could your claim be affected? In general, the damages available for recovery for claims filed by employees who still have a job tend to have lower values. This is due to the lack or limited lost income. When a claimant is terminated, he or she could recover all the income that was lost as a result of the termination. When claimants are still employed, they continue to earn their income (with the exception of wage/overtime claims); therefore, the compensation for lost income is limited to denied promotions, denied raises, and denied bonuses, for example.

Undeniably, you should consider the possible negative aspects of pursuing a claim while you are still employed. However, you should not allow any potential negative aspects to stop you from fighting for your rights and pursuing a claim.

Suing While Still Employed

Even if there might be a few dangers of suing your employer while you are still employed, you must remember that you have the right to pursue a claim. You do not have to quit your job or get fired before you can file a claim and seek justice. In some cases, pursuing a claim while you are still employed could even be beneficial—as you could have access to more evidence or witnesses, for instance.

What Should You Do?

If you have had enough of the unfair treatment in your workplace, you could pursue a claim. To prepare to pursue your claim, you should do all of the following:

  • Seek legal assistance. This is one of the first things that you should do; you should contact an employment attorney who could provide you with the guidance that you need. A knowledgeable employment attorney will give you the information that you need to understand what to expect of the process and help you start the process on the right foot.
  • Record all incidents. You must keep a record of all incidents related to your claim, including when incidents happened, where incidents happened, and under what context, for example. Keep track of important dates, times, and names.
  • Make a written complaint. Prepare a written complaint about the illegal treatment in the workplace. Follow the protocol that is in place, such as reporting it to Human Resources, for example. Keep copies of all reports and responses.
  • Speak to witnesses. If there were witnesses to your unfair treatment in the workplace, speak to them and ask them if they would be willing to make statements and/or testify in your favor. You should gather their contact information.
  • Prepare yourself for potential outcomes. You must understand the potential consequences of filing a claim against your employer while you are still employed. Your employer might treat your worse. Your employer might treat you better in hopes of you dropping the claim. Your employer might terminate you. You must be prepared for these possible outcomes and be ready to handle them.

The Compensation Available for Recovery

Most employment claims result in at least some sort of compensation award. Depending on the specific details of your employment claim, you might be eligible to recover compensation for some of the following:

  • Lost wages
  • Lost benefits
  • Pain and suffering
  • Punitive damages

Regardless of the specific details of your employment claim, you could trust that the lawyers at California Labor Law Employment Attorneys Group will aggressively fight for your right to be compensated. Our employment attorneys will not rest until you receive the maximum amount of compensation available for your claim. If you would like our knowledgeable employment attorneys to evaluate your claim and provide you with more information about the specific type and amount of compensation that you could be eligible to receive, do not hesitate to contact our law firm at your earliest convenience.

Contact California Labor Law Employment Attorneys Group

Have you been victimized in the workplace? Have you experienced discrimination, retaliation, or anything that infringed your basic employment rights? If so, you might have grounds to pursue an employment claim and fight for your right to be compensated. If you would like to learn more about your right to file an employment claim—even if you are still employed—do not hesitate to contact California Labor Law Employment Attorneys Group as soon as possible. The employment attorneys at our firm have many years of experience handling claims after incidents in the workplace and helping employees recover the compensation that they deserve. If you would like to discuss your claim with our experts, do not hesitate to contact our firm today.

When you contact our firm, you could benefit from our free consultations and free second opinions. During our free consultations and free second opinions, our attorneys will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to begin or continue your claim against your employer. It does not matter if you want to begin your claim or redirect your claim after it was affected by an incompetent attorney; you could trust our lawyers to provide you with the guidance that you need. If you would like to schedule a free consultation or free second opinion, do not hesitate to contact our law firm at your earliest convenience.

Our Zero-Fee guarantee ensures that our clients will never have to worry about paying upfront legal fees. Our firm is also strictly based on contingency; therefore, clients are not required to pay until their claims result in a payout. If you would like to discuss your employment claim with the specialized lawyers at California Labor Law Employment Attorneys Group, do not hesitate to contact our law firm at your earliest convenience.