How to File a Lawsuit Against My Employer

When your workplace rights are violated, it can feel like you're up against a powerful and untouchable system.

But if you’ve been wronged by your employer, whether through discrimination, harassment, wrongful termination, unpaid wages, or retaliation, you may be able to file a lawsuit and seek justice. 

At Morgan & Morgan, we believe in holding employers accountable, no matter how big or influential they may be. That’s why we’ve created this guide to help you understand how to file a lawsuit against your employer and protect your rights every step of the way.

When you’re ready, you can contact us for a free case evaluation to learn more about your specific case.

Can I Sue My Employer?

Yes, under both federal and state laws, employees have the right to take legal action against their employer when those rights are violated. Common reasons for suing an employer include:

• Workplace Discrimination (based on race, gender, age, religion, national origin, disability, pregnancy, etc.)
• Sexual Harassment
• Wrongful Termination
• Retaliation for Whistleblowing or Filing a Complaint
• Wage and Hour Violations (unpaid overtime, minimum wage violations, misclassification)
• Unsafe Working Conditions
• Breach of Employment Contract

However, not every negative experience at work qualifies as grounds for a lawsuit. A strong case typically requires evidence that your employer violated a specific law or employment agreement.

Step 1: Document Everything

The first step toward filing a lawsuit against your employer is documentation. Strong evidence is critical in building your case. Begin keeping a detailed record of what happened and when, including:

• Emails, text messages, or memos that support your claims
• Notes from conversations or meetings with supervisors or HR
• Photos, schedules, timesheets, or pay stubs
• Names of witnesses or coworkers who observed the incidents

It's also helpful to write a detailed timeline of events leading up to the violation. The more thorough your documentation, the better your chances of success in court or settlement negotiations.

Step 2: Review Your Employment Rights

Before you file a lawsuit, you need to determine whether your employer actually broke the law. That means reviewing your rights under:

Federal Employment Laws such as:

• The Fair Labor Standards Act (FLSA): This law regulates minimum wage, overtime pay, and child labor laws. It ensures that employees are compensated fairly for their work.
• Title VII of the Civil Rights Act of 1964: This law prohibits discrimination based on race, color, religion, sex, or national origin. It protects employees from discriminatory practices in hiring, firing, promotions, and compensation.
• The Americans with Disabilities Act (ADA): This law prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations to enable employees to perform their job duties.
• The Family and Medical Leave Act (FMLA): This allows eligible employees to take unpaid leave for family or medical reasons, including childbirth, adoption, or caring for a sick family member.

State Laws: In addition to federal protections, each state has its own set of laws that may offer additional protections or rights for workers. For example, California has strong protections against wrongful termination and employee privacy violations.

• Your Employment Contract, if applicable, including any non-compete or arbitration clauses

This is where speaking with an employment attorney is critical. A lawyer can tell you if you have a valid case, what laws apply, and how to proceed.

Step 3: Report Internally (When Safe and Appropriate)

In many cases, courts expect employees to attempt to resolve disputes internally before filing a lawsuit. This usually means:

• Reporting the issue to Human Resources
• Filing a formal complaint within your organization
• Following the procedures outlined in your employee handbook

This step isn’t always required, especially in cases where the employer is the source of the problem or where reporting could lead to further retaliation. But showing that you tried to resolve the issue in good faith can strengthen your case and show the court that you acted responsibly.

Step 4: Contact Morgan & Morgan

Filing a lawsuit against your employer is a serious undertaking, and having a qualified employment lawyer can make all the difference. A Morgan & Morgan employment attorney can evaluate the strength of your case, help you gather and present evidence, and negotiate with your employer. Our legal team can even represent you in court if necessary.

Most importantly, we can help ensure you meet all deadlines and legal requirements so that you don’t miss your opportunity to get justice.

At Morgan & Morgan, our employment law attorneys work on a contingency fee basis, meaning we don’t get paid unless you win. We also have the resources of America’s largest injury law firm behind every case we take on, giving you a powerful ally against even the biggest employers.

Step 5: File a Charge With the EEOC or State Agency

For certain types of cases, especially discrimination, harassment, or retaliation, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state-level agency before you can file a lawsuit in court. Your lawyer can handle this.

Here’s how it works.

You must file your EEOC charge within 180 days of the incident (or up to 300 days in some states with anti-discrimination laws). The EEOC will notify your employer and may investigate your complaint, request a response from your employer, or suggest mediation.

After investigating, the EEOC will either try to resolve the issue, dismiss the charge, or issue a “Right to Sue” letter, which allows you to take your case to court.

Once you receive the Right to Sue letter, you usually have 90 days to file your lawsuit. If you skip this step in cases involving discrimination, you may lose your right to sue entirely.

Step 6: Consider Alternative Dispute Resolution

Not every lawsuit ends up in court. In fact, many employment disputes are resolved through:

• Mediation: A neutral third party helps both sides reach a voluntary agreement.
• Arbitration: A private legal process similar to a trial but typically faster and less formal.

Sometimes, your employment contract may require arbitration for workplace disputes. While arbitration can limit your ability to have your case heard in court, you may still be entitled to compensation or other remedies.

An experienced attorney can help you understand whether alternative resolution is in your best interest, or if your case should go to trial.

Step 7: File the Lawsuit

If resolution isn’t possible through internal complaints, the EEOC, or negotiation, your lawyer will help you file a formal complaint in court.

The process involves:

• Drafting and filing a complaint that outlines your claims, legal violations, and desired remedies
• Serving your employer with the lawsuit
• Going through discovery, where both sides exchange information and evidence
• Possibly attending pre-trial hearings or settlement conferences
• Proceeding to trial, if no settlement is reached
   

Filing a lawsuit may result in compensation for:

• Lost wages and benefits
• Emotional distress
• Attorney’s fees and court costs
• Punitive damages (in cases of extreme misconduct)
• Reinstatement to your former position (in rare cases)
  
   

How Long Do I Have to File a Lawsuit Against My Employer?

The statute of limitations for filing a lawsuit against your employer varies depending on:

• The type of violation (discrimination, unpaid wages, whistleblower retaliation, etc.)
• State and federal laws involved
• When the incident occurred

Because these deadlines can be complex and easy to miss, it’s essential to speak with an attorney as soon as you suspect wrongdoing.

Can I Be Fired for Suing My Employer?

It is illegal for an employer to retaliate against an employee for:

• Filing a lawsuit
• Reporting a violation
• Participating in an investigation

If you’re fired, demoted, harassed, or punished for asserting your rights, that’s retaliation—and it can be the basis for a separate legal claim.

Still, some employers may attempt to retaliate anyway. That’s why legal protection and documentation are so important. A lawyer can help you take immediate steps if retaliation occurs, including filing a retaliation claim or seeking an emergency court order.

What if I Signed an Arbitration Agreement?

Many employers require employees to sign arbitration agreements, which limit the ability to sue in court. But these agreements aren’t always enforceable, especially if:

• The agreement is overly broad or unfair
• You weren’t given proper notice
• It violates state employment law

Recent court decisions have even allowed some collective claims (like wage violations) to proceed in court despite arbitration clauses. At Morgan & Morgan, we review your employment agreement carefully and fight for your right to be heard, whether in court or arbitration.

Why Choose Morgan & Morgan?

Filing a lawsuit against your employer can be intimidating. But you don’t have to face it alone. At Morgan & Morgan, we’ve recovered billions of dollars for our clients, and our employment law team is one of the most experienced in the country.

We understand how workplace violations can affect your finances, health, and future. We believe that every worker deserves dignity, fairness, and protection under the law, no matter who they are or where they work.

Whether you’re a retail worker, office employee, health care professional, teacher, or executive, if your employer broke the law, we can help. It costs nothing to get started, and you only pay if we win.

If you believe your rights were violated at work, you don’t have to suffer in silence. Filing a lawsuit against your employer may be the most important step you take to protect yourself and others.

Contact Morgan & Morgan today for a free, confidential case evaluation. We’ll listen to your story, explain your options, and help you seek the justice you deserve.