{"id":368868,"date":"2021-10-21T06:45:20","date_gmt":"2021-10-21T11:45:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-a-company-if-i-quit.html"},"modified":"2026-05-29T19:18:25","modified_gmt":"2026-05-30T00:18:25","slug":"can-i-sue-a-company-if-i-quit","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-a-company-if-i-quit.html","title":{"rendered":"Can I Sue a Company if I Quit?"},"content":{"rendered":"\n
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Can I Sue a Company if I Quit?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you may be able to sue a former employer. Quitting your job doesn’t prevent you from filing a lawsuit against your employer, but you must have legal grounds to sue.<\/p>\n\n <\/div>\n\n\n\n

Just because your boss was unpleasant doesn’t mean you have a case. But in some situations, the reason for quitting might be related to a violation of your legal rights.\u00a0<\/p>\n

If you quit because you were subjected to unlawful conduct, you have a good-faith basis for a lawsuit and can sue. For example, you were\u00a0illegally discriminated against<\/a>, had to deal with\u00a0sexual harassment<\/a>, or were forced to put up with\u00a0intolerable working conditions<\/a>.<\/p>\n

Make sure you follow any company policies relating to\u00a0employee complaints<\/a>,\u00a0which may include, for example, notifying your HR department. Give your boss a chance to fix the problem before you quit. You may have a better chance of winning.<\/p>\n

For more advice, talk to an employment lawyer<\/a>. They can help you understand whether you can sue and how to start your case.\u00a0<\/p>\n

Most States Have At-Will Employment<\/h2>\n

State law varies, but in most places, unless you have an employment contract that says otherwise,\u00a0your employment is what is called “at-will.”<\/a>\u00a0In simple terms, that means that\u00a0your boss can fire you for a good reason\u00a0(e.g., you’re cruel to your co-workers) or for no reason (e.g., your boss doesn’t like your shoes). They just can’t fire you for a bad or\u00a0unlawful\u00a0reason<\/a>.\u00a0That gives rise to a wrongful termination claim<\/a>.<\/p>\n

For the employee, the upside of at-will employment is that you can quit for a good reason (e.g., your boss is a jerk) or for no reason at all. If you don’t have an employment contract, you can just resign with\u00a0no\u00a0breach of contract<\/a>\u00a0occurring.<\/p>\n

Contrary to custom, you do not have to give two weeks’ notice. Some may view it as unprofessional, but you can just quit.<\/p>\n

When Can’t I Sue My Former Employer?<\/h2>\n

Unless you quit for particular reasons, which we discuss below, you have no legal basis for suing your employer. If you quit, you make it harder,\u00a0but not\u00a0impossible, to get\u00a0unemployment benefits<\/a>. You should consider\u00a0your options before you quit, and if you’re unsure you might want to\u00a0consult\u00a0with an\u00a0employment lawyer<\/a>.<\/p>\n

When Can a Former Employee Sue Their Former Employer?<\/h2>\n

What if\u00a0you don’t get fired, but\u00a0your boss makes you miserable, the working conditions become\u00a0intolerable to anyone in their right mind, and you’re more or less\u00a0forced to quit? Maybe\u00a0a co-worker sexually harasses you and even though you tell human resources, they do nothing about it.<\/p>\n

Worn down,\u00a0you are forced to submit your resignation. You ask yourself: I quit my job, but\u00a0can I still sue my employer?<\/p>\n

Suing for\u00a0Constructive Discharge<\/h3>\n

Don’t worry. You may be able to still sue. One situation, which we discuss in detail elsewhere, is what is called a\u00a0constructive discharge.<\/a><\/p>\n

A court will overlook that the employee\u00a0quit and treat the resignation as a firing; in other words, a wrongful termination.<\/p>\n

So if the employer’s conduct is unlawful,\u00a0or constitutes a breach of contract, the employee may have a claim for wrongful termination\/constructive discharge even if they quit.<\/p>\n

Although the law varies from state to state,\u00a0in general you need\u00a0to be able to establish the following for a constructive discharge claim:<\/p>\n