When an employee is mistreated at work, their natural instinct is often to quit their job as soon as possible. That’s true whether they’ve been harassed, discriminated against, or denied payment or benefits.

But when an employee plans to sue their employer for their mistreatment, should they hire an attorney before or after they notify their employer that they’re quitting?

If you’re going to quit your job and file a lawsuit against your employer, it’s wise to speak to an attorney first. However, if you’ve already quit your job, it’s still not too late to hire a lawyer.

Understanding Your Rights as an Employee

Every worker is entitled to basic employment rights that safeguard against unfair treatment. Some of those protections include:

  • Protection Against Discrimination: Federal and state laws prohibit employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.
  • Harassment: Employees are protected from harassment in the workplace, which can include unwelcome conduct based on protected characteristics.
  • Wrongful Termination: It’s illegal for an employer to fire an employee for discriminatory reasons, retaliation, or in violation of an employment contract.
  • Wage Theft: Workers have the right to be paid fairly for their work, including receiving overtime pay and the minimum wage as mandated by law.

For more detailed information on employment rights, you can refer to resources like the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor.

Documenting Mistreatment at Work

Properly documenting mistreatment at work is essential for building a strong case should you need to take legal action. Here are some tips on how to document effectively:

  • Keep a Record of Incidents: Maintain a detailed journal of any instances of discrimination, harassment, or unfair treatment. Include dates, times, and locations. Be as descriptive as possible.
  • Save Emails and Messages: Keep all relevant communications, including emails, text messages, and voicemails that demonstrate mistreatment or inappropriate behavior.
  • Collect Witness Statements: If coworkers witnessed the mistreatment, ask them to provide written statements. These can serve as valuable evidence.
  • Consult a Lawyer: An attorney can help you organize and strengthen your documentation— so you have the necessary evidence to support your claims.

Proper documentation not only bolsters your case but also demonstrates the seriousness and consistency of the mistreatment. For additional guidance on documenting workplace issues, consider visiting the EEOC’s website regarding retaliation and employee rights.

How a Lawyer Can Help You Before You Quit Your Job

In addition to filing all the necessary paperwork and negotiating with the other parties, attorneys can provide invaluable advice to their clients on what to do and what not to do to help their cases.

What you say when you notify your employer that you’re quitting your job could impact the future of your claim. For example, although you might be tempted to vent your frustrations on your supervisor, this could later come back to haunt you. The things you say in the heat of the moment might later be used against you in a lawsuit.

By hiring a lawyer before giving your notice to your employer, your attorney can provide you advice on how to take a more tactful approach.

Your attorney might also advise you not to quit your job, especially if you’re simply wanting to demand back pay and otherwise like your job. It’s illegal for employers to fire employees in retaliation for filing a lawsuit.

Skilled employment law attorneys have a unique perspective on the legal implications of your actions, so it’s always best to talk to one before doing anything that could impact the outcome of your case.

Potential Risks of Quitting Without Legal Advice

Quitting a job without seeking legal advice can lead to several risks and complications. It’s important to understand these risks so you can make informed decisions about your situation.

  • Losing Leverage in Negotiations: By quitting without legal counsel, you might forfeit leverage in negotiating severance packages or resolving disputes with your employer.
  • Complicating the Legal Process: Without legal guidance, you may inadvertently take actions that could complicate or weaken your case if you decide to pursue legal action later.
  • Waiving Legal Rights: You might unknowingly waive certain legal rights or entitlements by resigning without understanding the full legal implications.

Consulting a lawyer before quitting can help you safely handle the challenges associated with employment law and protect your interests.

An Employment Lawyer Can Still Help If You’ve Already Quit

In many cases, employees quit their jobs without considering filing a lawsuit, and realize that they may have a case only after they’ve left their place of employment. In these situations, it’s recommended to contact an attorney to discuss your legal options.

It’s rarely the case that someone does everything perfectly before hiring a lawyer and filing a lawsuit. Fortunately, your lawyer has likely dealt with cases very similar to yours, and they should be equipped to deal with your situation because of their experience and knowledge of the law.

If you’re considering taking legal action against an employer, contact an employment law attorney as soon as you can.

If You Need Help, Contact Fieger Law

The Michigan employment law attorneys at Fieger Law help clients across the U.S. deal with all sorts of employment-related issues, including wage disputes, discrimination, harassment, wrongful termination, and employer retaliation.

If you or a loved one has been mistreated at work and you’re now considering your legal options, contact Geoffrey Fieger and his team of employment law attorneys today to schedule a free case review.

Originally published November 1, 2021.