Maintaining employment while pursuing legal action against an employer is generally permissible. This right is frequently rooted in protections against retaliation for engaging in protected activities, such as reporting workplace discrimination or harassment, or filing a workers’ compensation claim. For example, an employee facing ongoing harassment could file a lawsuit while remaining employed at the company.
The ability to retain employment during litigation offers several advantages. It provides financial stability while the legal process unfolds, and may demonstrate a commitment to resolving the issue internally before resorting to external remedies. Historically, the legal framework supporting this right has evolved alongside increasing recognition of employee rights and protections against retaliatory actions. This framework aims to balance the power dynamic between employers and employees, enabling individuals to assert their rights without fear of job loss.