LAW OFFICE OF ARKADY ITKIN
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Suing Your Employer While Still Employed 

suing your current employer for discrimination, harassment, retaliation
In most cases, suing the employer while you are still employed with them is problematic and might not be worth it for you. Since no wrongful termination claim can be made, which would be the main basis for wage loss and other damages, this type of case will be of low or limited value, unless the evidence of discrimination or harassment is truly egregious (i.e. racial slur, violence or threats of violence, etc.) In the absence of such evidence, bring a lawsuit to address technical violations, such as isolated unfair comments that might or might not be discriminatory or delays in disability accommodation would be an overkill.    

Further, a lawsuit will not force the employer to be nicer to you. In fact, the opposite is likely - they will likely try to retaliate and get rid of you for any petty reason. Even though that would be illegal, an employer still can choose to violate the law and do that.  

If you believe that you will soon be wrongfully terminated, as it often happens shortly after an employee complains to your HR or to EEOC/DFEH about harassment or discrimination, you should keep track of all the events and documents so that when the time comes, you are fired and your cases is ripe for filing, you will have better evidence and better chances of winning that case. You should also make sure that you don't give your employer an independent, lawful reason for terminating you, such as saying or e-mailing something rude, or being otherwise insubordinate.   

We advise our potential clients who are facing termination, but who haven't yet been terminated, to keep in touch with us, and then - once they are fired, we can start working on moving forward with filing lawsuit.   

The other option is filing a lawsuit against your current employer without waiting to be fired and hoping that you will somehow strong-arm them into treating you nicer and more fairly. The problem with this strategy is that it rarely workers. Further, the majority of attorneys will have to charge an hourly fee in that kind of situation, since no wrongful termination claim can be made. This means that this kind of litigation can be quite expensive, while positive results are speculative. 

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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case