Can I sue my employer while remaining to work for them?

Asked almost 5 years ago - Boston, MA

A manager broke my confidence at my place of employment, which goes against their supposed rules and values, not to mention it's just plain wrong and humiliating, and I want to sue. Will I have to quit my job in order to do so? I can't imagine legally being able to stay employed there while suing. I can't afford to NOT work.

Attorney answers (2)

  1. Michael L. Tumposky

    Contributor Level 12

    Answered . Yes they can; and if they fire you after you file suit, you may have additional claims.

  2. David Hamlin Madden

    Contributor Level 14

    Answered . There's no law against working for somebody you're suing, but unless you have some special sort of employment relationship (an unusual contract, or you're a union worker or whistleblower) it's pretty easy for the employer to fire you. Your inclination is right, but not because it's illegal, just because you'll probably get fired.

    On the substance of your complaint (that a manager broke your confidence), depending on what the subject matter is, you might technically have a claim, but without significant damages (more than just being humiliated, probably) you're unlikely to recover much in a suit.

    All in all, it's probably a bad idea to sue your employer on this basis, but if there are facts that you haven't mentioned, a visit to a Massachusetts-admitted attorney might be useful to investigate all possibilities.

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