“Look, if you had one shot, or one opportunity To seize everything you ever wanted in one moment, Would you capture it or just let it slip?” Eminem’s famous words from “Lose Yourself” ring true for employees facing discrimination or feeling they have been wrongfully fired. When navigating employment discrimination law, you often only have one chance to bring all your claims against your employer. This concept, called claim preclusion, can block any second attempts if you failed to consolidate everything in your initial case.
The Sixth Circuit Court of Appeals addressed this legal concept recently in Robinson v. Postmaster Gen. of United States, No. 23-3863, 2025 WL 48235, at *1–4 (6th Cir. Jan. 8, 2025), where an employee’s second lawsuit was dismissed because it overlapped with his first. Think of it like the phrase “Measure twice, cut once.” If you do not prepare carefully before filing your first lawsuit, you might lose the opportunity to bring your full discrimination or wrongful termination claims later.
Why Does Claim Preclusion Matter If I Have A New Discrimination Claim?
Claim preclusion matters because it can prevent an employee from filing a second lawsuit for discrimination if the new claim is connected to facts from a previous lawsuit. If your employer denied you a promotion, harassed you based on your race, gender, and age, and then wrongfully fired you, a court might consider all of these events as stemming from the same set of operative facts. Employment law rules demand that you include them together. Otherwise, you could be shut out when you try to pursue a second round in court. Courts will not allow you to assert the race discrimination claim in the first lawsuit and then circle back in another lawsuit to address claims that you were also fired because of your age and gender in a new lawsuit.
A good example is the Robinson case, where the employee brought a lawsuit alleging race discrimination and retaliation for multiple denied promotions. Later, he tried to bring a separate claim related to another position he was denied during the same time frame. The Sixth Circuit Court of Appeals held that “the same underlying factual evidence” supported both lawsuits, so the second lawsuit was barred. The best way to avoid that fate is to bring all your relevant claims together under one action and not gamble on a future lawsuit.
Best Employment Discrimination Attorney Blogs on Point:
- Can I Be Fired for Calling My Boss a Racist?
- Bad Things Happen When You Sue Your Employer Without An Attorney
- Can My Employer Fire Me Without Giving a Reason?
How Do I Know If My Wrongful Termination Claim Belongs With My Earlier Case?
To decide what claims belongs in your first lawsuit, examine whether it arises from the same chain of events already included in your original discrimination complaint. If you suspect your employer fired you because of the same issues that caused them to deny promotions or harass you, you should probably include that discharge claim in your first filing. If there may be multiple reasons for the same adverse employment action, bring the claims together. The safest manner is to bring all employment claims that you know about against your employer at the same time.
Employment law requires employees to exhaust administrative procedures, but once that process is complete or has aged out (for instance, 180 days passed with no agency action), your attorney can move to amend the existing lawsuit to add this new claim. If you fail to bring the employment discrimination or wrongful termination claim at the right time, the best outcome you hope for could be a judge who allows a late amendment. The worst outcome could be losing your chance to litigate it at all. This is precisely what happened to Robinson, who did not incorporate a newly ripe claim into his pending case. Measure twice, cut once: consult a lawyer early and make sure you capture every discrimination claim you have.
Best Wrongful Termination Lawyer Blogs on Point:
- Wrongful Termination: How Do I Prove That I Am Qualified For The Job?
- Employers Do Not Automatically Win A Wrongful Termination Because Employee Violated Rule
- Can I Sue For Wrongful Termination If My Doctor Says I Can No Longer Work?
What Practical Steps Can An Employee Take To Avoid Losing Claims To Claim Preclusion?
There are several ways for an employee to protect themselves. First, gather extensive documentation. Keep notes of every incident of discrimination (race, gender, gender identity , sexual orientation, national origin, religion, disability, age), retaliation, or sexual harassment, and store emails, performance reviews, or text messages that might show a hostile work environment. Thoroughly document any events leading up to a wrongful termination. Next, work with a lawyer who focuses on employment law to determine what claims are already ripe for inclusion. Your attorney can also track when new claims become legally valid. Since claim preclusion hinges on whether the same facts underpin all your allegations, you want to ensure your lawyer knows every detail that might support race discrimination, retaliation, or another viable theory. By being thorough, you reduce the risk that you will have to split your claims. It is best to do it right the first time rather than regret missing a crucial claim later.
Where Can I Find A Lawyer Who Focuses On Employees’ Rights If I Believe I Have Been Wrongfully Fired?
Look no further. If you are searching for a law firm that is dedicated to the employee, Spitz, The Employee’s Law Firm is here to help you. Spitz is one of the largest law firms in the United States focused solely on employee rights, which means you get more resources than many smaller practices can offer. The firm provides a free initial consultation, so you can discover whether you have valid employment law claims without any risk. Spitz also offers a no fee guarantee, which can help bring peace of mind to an employee worried about the cost of legal action. In addition, Spitz, The Employee’s Law Firm has vast and successful trial experience, which is invaluable if your wrongful termination or discrimination case needs to be fought in court. You will find empathy and caring from their attorneys, as well as a track record of great results. Call Spitz now if you are ready to protect your rights, stand up to an employer who treated you unfairly, or assert your claims before claim preclusion stands in your way. This is the best time to take action for your future.
Employment Lawyer Disclaimer
This employee’s rights blog provides general information about employment law, discrimination, wrongful termination, and workplace rights. It should not be taken as legal advice for your specific circumstances. You should consult a qualified attorney or lawyer for personalized guidance if you were wrongfully fired, especially if you suspect you have been discriminated against based on your race, gender, LGBTQ+ status, age, disability, religion, or national origin. No promises or guarantees regarding any legal outcome are made. This employment law blog is a legal advertisement.