Should You Let Your Employer Know You’re Filing a Lawsuit?

Pursuing legal action against your employer is a big decision—one that often comes after months or even years of mistreatment. Whether it’s unpaid wages, discrimination, harassment, or retaliation, you’re standing up for your rights. But the moment you decide to take legal action, another question follows: Should you tell your employer?

The answer isn’t always clear-cut. It depends on your goals, current job status, and how your employer might respond. You need to consider how your decision can shape your case and what impact it may have on your day-to-day working conditions.

Telling Your Employer: Pros, Cons, and Realities

You don’t have to tell your employer you’re suing them. You have every right to file a lawsuit without giving them a heads-up. But sometimes, informing or not informing them can affect the outcome or how you will be treated moving forward.

If you’re still employed and planning to sue, you’ll want to tread carefully. Here’s what to consider:

• Retaliation is illegal, but real. Michigan law and federal protections make it illegal for your employer to retaliate against you for filing a complaint or lawsuit. That doesn’t mean they won’t try. Retaliation can look like a demotion, being written up for things that never mattered before, or suddenly being left out of meetings. You may gain new legal claims if this happens, but you’ll also have to deal with the stress.
• Your work environment may get worse. Lawsuits can shift the tone at work. Some employers become hostile. Others distance themselves. Coworkers may act differently once they find out. If you plan to stay in your job for a while, weigh how this might affect your day-to-day experience.
• There’s no requirement to give notice. Telling your employer is not a legal requirement. If your attorney sends a demand letter or files a complaint, they’ll be served with the lawsuit and will know soon enough. Letting them know beforehand is a personal choice, not a legal duty.
• Sometimes, disclosure opens the door to resolution. In some cases, letting your employer know you’re considering legal action can bring them to the negotiating table. It gives them a chance to fix the issue, especially if your goal is to resolve things quickly or keep your job. But if your employer has already shown they won’t listen, it may be safer to let the legal process speak for you.
• Timing matters. If you’ve already filed with an agency like the EEOC or Michigan Department of Civil Rights, your employer might find out through that process. You don’t have to tell them personally, but don’t assume your claim will stay quiet for long.

If you’re no longer working for the employer, the equation shifts. You’re less likely to face retaliation or a hostile environment. But there may still be personal or professional reasons to keep your plans quiet. For instance, if you want to avoid burning bridges or hope to reach a settlement, not disclosing your lawsuit may give your legal team more control over how and when discussions happen.

How to Handle Communication if You Choose To Speak Up

If you decide to let your employer know about the lawsuit, plan the conversation carefully. It’s often best not to share all the details.

Here are some tips:

• Speak through your attorney. If you’ve hired a lawyer, let them handle communication about your case. They’ll know the best way to inform your employer without jeopardizing your case. Sometimes, a formal letter can start the conversation more effectively than a direct conversation.
• Keep it brief and factual. If you choose to tell your employer yourself, don’t explain your whole case. Just state that you’ve taken legal action because your concerns weren’t addressed internally. Be certain to avoid emotional statements or threats—they can significantly impact your legal claims and may provide your employer with a legitimate reason to terminate your employment.
• Avoid workplace gossip. Don’t discuss the details of your case with coworkers or repeatedly disclose to others that you are taking action against your employer. Word spreads quickly, and you can’t control how others interpret or repeat your story. In addition, if your discussion of the case distracts other employees or makes a colleague uncomfortable, there may be another chance that you’re providing your employer with a non-discriminatory reason to terminate you. In short, don’t litigate your case at the office.
• Document everything. If your employer reacts negatively, make a record. Keep notes, save emails, and flag any changes in how you’re treated. Retaliation claims often hinge on these details.
• Protect your mental health. Lawsuits can be emotionally draining. Facing your employer every day while pursuing legal action takes a toll. Build a support system of friends, therapists, or colleagues who can offer guidance without judgment.

Ultimately, telling your employer—or staying quiet—is your choice. Some people find power in being transparent. Others protect their peace by letting the process unfold on its own. Either way, know that you’re not alone in this. Workers in Michigan have strong legal protections, and if your rights were violated, you have every reason to pursue accountability.

Get the Guidance You Deserve With Sommers Schwartz

If you’re considering filing a lawsuit against your employer, don’t go it alone. At Sommers Schwartz, we’ve helped countless Michigan workers navigate these decisions. We’ll help you weigh the pros and cons of disclosure, protect your rights, and build a strategy that fits your goals. Contact Sommers Schwartz today.