Results 1 to 9 of 9
  1. #1

    Default Fired During Investigation of Discrimination Claim

    My question involves labor and employment law for the state of: California

    I filed a State of California discrimination form against my employer after I complained repeatedly to my human resouces section that I felt my supervisor was discrmininating against me. Based on the facts presented the state took it seriously and accepted it. They never got around to investigating it due to backlog. I told my human resources department numerous times of the treatment and they sided with the supervisor. After a few months I was suddenly told that there was no more work and they would have to "let me go" without notice and from one day to the next I was laid off. That afternoon I filed a lawsuit against them and secured counsel-but the case hasnt settled yet.

    Regardless of the outcome (it will probably be in my favor), I want to know if I can file a seperate civil lawsuit against my boss and also the woman at the human resources department? They aggravated my heart condition, they put me under a lot of stress and the human resources did nothing to help me. They sided with her. I want to personally sue them. I still have no job and im unable to get one because my name and case is all over the internet. I did nothing wrong! I was a good worker and an obiedient one.

    Any thoughts?

    Thanks

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Civil Lawsuit Against Former Boss

    Discriminated against you on what basis? Gender? Race? Disability? In what way were you discriminated against (what actions did they take that you thought were discriminating)?

    Without knowing more facts, there's really no way to determine if you have a valid suit against anyone.

  3. #3

    Default Re: Civil Lawsuit Against Former Boss

    Discriminated on basis of race and age and retaliation. Actions are too many to list and I'd rather not get into specfics. That being said, I already have a Federal case against the Company in Federal Court-so its obvious that its valid. I am just waiting for that to either go to court or settle.

    However, I want to (out of rancor) file a separate individual civil lawsuit against those two people for making my life a living hell. After suing the company I want sue the two employees individually as well in a civil case.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Civil Lawsuit Against Former Boss

    Then hire an attorney, tell them what you want to do, and see how much it will cost you.

  5. #5

    Default Re: Civil Lawsuit Against Former Boss

    If you are represented by counsel in the underlying federal discrimination lawsuit (as I believe you indicated in your posts), it speaks volumes that your counsel has decided not to sue either your supervisor or the HR representative.

    Even assuming arguendo that you could advance a viable claim or claims against these individuals, practical reasons may exist why it may not be a good idea to sue them. For instance, most middle class, working individuals are practically “judgment proof.” They do not have sufficient liquid assets (e.g., substantial cash) to make it attractive for a plaintiff like you, OP, to sue them. It may be far more preferable to pursue the employer, a corporate entity, which likely has substantial assets and/or insurance to cover a potential judgment or settlement.

    In addition, even presuming it is indeed worthwhile for you to sue them individually , you would likely have to do so in connection with the ongoing lawsuit. You would likely not be allowed to sue these individuals in a separate lawsuit involving the same or nearly identical facts.

  6. #6
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Civil Lawsuit Against Former Boss

    However, I want to (out of rancor) file a separate individual civil lawsuit against those two people for making my life a living hell. After suing the company I want sue the two employees individually as well in a civil case.

    Let's assume you can and do file a civil suit against the two individuals. You're need to be willing to spend thousands of dollars and a several years litigating this and if you do ultimately get a judgment against them, their ability to pay will undoubtedly be quite limited. If all you want is a Phyrric victory, then I guess you should go for it.

    If you've filed a suit against the employer, I think it's odd you didn't already name these two individuals as co-defendents in the suit. That's what usually happens. You need to discuss all this with your attorney.

  7. #7

    Default Re: Civil Lawsuit Against Former Boss

    Thank you everyone for your insight!

  8. #8

    Default Re: Civil Lawsuit Against Former Boss

    Discrimination is the chronic ailment in the world. I have read your whole report and i think it can be racism, brotherhood or any type of other discrimination like person hails from other countries. The employer thinks that he is the man only and rest of are working under him.
    You can take help from me.
    wrongfulterminationexpert DOT com (Jonathan J. Delshad)

  9. #9

    Default Re: Civil Lawsuit Against Former Boss

    Apologies, this may sound a bit cavalier and cold. But before you decide to sue your boss and the HR Director individually in civil court, you have to ask yourself if it's worth the cost. I mean if they don't have deep pockets, any settlement you win is only as good at the paper it is written on. As they say, you can't squeeze water out of a rock. Sue the company, they have deeper pockets. The company is already responsible for the actions of its employees while they are performing employment functions. I'm surprised they weren't named in the federal suit.

    But you should probably find an employment attorney and get a consult on the matter.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Investigation Underway with Threat of Being Fired for False Allegations
    By mordida in forum Employment and Labor
    Replies: 6
    Last Post: 03-21-2011, 12:41 PM
  2. Case Investigation - About to Be Fired
    By lauren9283 in forum Employment and Labor
    Replies: 1
    Last Post: 03-31-2009, 06:05 PM
  3. Unemployment Benefits: UI Claim Investigation
    By Frogger42 in forum Employment and Labor
    Replies: 1
    Last Post: 03-28-2009, 08:47 AM
  4. Auto Insurance: Investigation of a Policy Breach After Making a Claim
    By amialone in forum Insurance Law
    Replies: 1
    Last Post: 09-18-2008, 01:07 PM
  5. Disqualification: Qualifying for Unemployment Benefits - Fired After Investigation of Boss
    By Annelynn in forum Employment and Labor
    Replies: 5
    Last Post: 08-22-2008, 09:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources