Deciding to take legal action against your employer is a significant decision fraught with emotions and serious considerations. It’s a path that requires careful deliberation and strategy, particularly in the context of whether you should resign from your position.
Quitting your job amidst such circumstances might seem like the immediate solution to your distress, but it can inadvertently affect the dynamics of your legal claim. In this article, we’ll unpack the reasons why you shouldn’t quit if you plan on suing your employer.
Remaining employed grants you closer proximity to ongoing evidence that could strengthen your case. When you stay on the job, you maintain direct access to documents, emails, and interactions that may prove critical in demonstrating your claims. You may not have access to this information if you leave the company, making it far more challenging to obtain the evidence needed to support your case.
Additionally, being present in the workplace allows you to witness and document any ongoing issues, such as discriminatory practices or breaches of contract. This immediate access can significantly strengthen your position by providing a continuous stream of proof that might not be available to you if you resign.
Understandably, you may not want to stay at your place of employment if you’re afraid of harassment or retaliation, regardless of how much evidence you can obtain. However, employees who choose to sue their employers while still employed can benefit from various legal protections designed to shield them from retaliation. Federal and state employment laws protect employees from being fired, demoted, harassed, or otherwise discriminated against for filing a lawsuit or engaging in whistleblower activities.
This means you can take legal action or report your employer’s unlawful activities without fear of immediate retribution. By remaining employed, you’re safeguarding your current income and benefits while ensuring any action an employer takes against you can bolster your claim.
The main and most important reason why you shouldn’t quit your job if you plan on suing your employer is the financial stability it provides. Continuing to work for your employer while pursuing legal action ensures you keep receiving your paycheck. This can be crucial during long and costly legal processes. Suing an employer often involves attorney fees and court costs, and in the end, you may not receive a settlement.
By maintaining your employment, you avoid the added stress of financial instability and can cover your living expenses and any immediate legal costs without dipping into savings or taking on debt. You’ll also continue to accrue benefits such as health insurance, retirement contributions, and paid time off.
Keeping your job status has another major advantage; it strengthens your marketability and employability. If your case doesn’t result in the outcome you hoped for or you choose to seek employment elsewhere, consistent employment keeps your professional profile attractive to potential employers. If you quit too hastily, especially before you find another job, you may spend a lengthy period of time unemployed.
Employers often view these long gaps in employment with suspicion, which could hinder your future job search. Staying employed also allows you to continue gaining experience and honing skills, and you may even secure new accomplishments that enhance your resume. Maintaining or advancing your career trajectory ensures you remain competitive in the job market, regardless of the lawsuit’s outcome.
Having the security of your current job while you prepare or proceed with a lawsuit against your employer can also provide significant negotiation leverage. This advantage stems from your employer’s awareness that you’re in a stable position to sustain a prolonged legal battle if necessary.
From their perspective, the knowledge that you’re not under immediate financial pressure can make them more inclined to seek a settlement out of court. It signals to your employer that you’re fighting the case on your terms and not out of desperation.
On the other hand, if you choose to leave, an employer—especially a larger corporation with time and money—may wait you out. Remember, they likely have access to more legal resources than you do and will use that to their advantage to throw hurdles your way and prolong the legal process. They know that this means you’ll spend more money, and you’ll eventually run out of it.
Staying in your job can enhance your legal standing in several key ways. First, it demonstrates to the court and other involved parties that your intention is to address and rectify serious concerns within your workplace. This can make your claims appear more credible and grounded to the court, signifying a genuine desire for justice.
Furthermore, continuing to work minimizes the risk of your employer arguing for reduced damages because you left your position voluntarily. This claim can potentially weaken your compensation claims. In essence, being an active employee gives you a stronger foundation for you to launch your legal claim. It underscores your commitment to resolving matters lawfully while upholding your professional duties.
Staying employed while you take legal action brings an often-overlooked benefit: the stability and routine of your daily work life. For many people, this security and consistency is vital, especially for employees who have a network of support and friendship within the company. This can be a powerful source of mental and emotional support during the stress of legal proceedings.
It offers a structured routine and keeps you engaged with your professional community. When facing the daunting uncertainties of legal battles, this engagement can be crucial for your overall well-being. The regularity of work life aids in preserving your professional identity and acts as a vital coping mechanism, helping you manage stress.
Although the decision to sue an employer is complex and filled with emotional nuance, there are many advantages to staying employed. Ultimately, whether you choose to resign depends on your personal resources, but it also hinges on your sense of safety.
Maybe you’ve gone through discrimination or verbal harassment. These scenarios can make it feel unsafe to remain in the workplace, especially if you don’t have the right support.
The good news is that no matter what you decide to do, the Law Firm of Tamara N Holder is here to help. Our harassment and discrimination legal attorneys will help you receive the justice and compensation you deserve.
