Visitor Question

Can I sue the people involved in my wrongful termination personally?

Submitted By: Mark (Carson, California, USA)

I was wrongfully terminated and I filed a complaint with the EEOC (Equal Employment Opportunity Commission). They investigated the case and agreed with me, giving me a “right to sue”.

My question is, can I actually sue the people involved who signed off on my wrongful termination personally after I settle with the company? Meaning my managers, the vice president manager, the human resources vice presidents, etc.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mark,

The first issue to deal with is the statutory time period in which you can file your lawsuit. Be sure not to miss it or your will lose your right to sue.

Under Title VII of the Civil Rights Act of 1964 you have 90 days to file suit after receipt of your “right to sue letter.” Although you didn’t mention whether your wrongful termination was as a result of discrimination based on race, color, sex, religion or national origin, OR under the Americans With Disabilities Act which includes medical condition, marital status, sex or age, your filing period is still 90 days after receipt of your right to sue letter.

Under Title VII I was unable to find a permissive clause allowing you to sue personally the people who “signed off” on your wrongful termination. The only exception might be if they were the owners of the company and not insulated by a limited partnership, corporation, or other protective business status.

If you have further questions consult with an attorney with extensive experience in wrongful termination lawsuits.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 31, 2013

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