termination/harrassmentgreenspun.com : LUSENET : Law Of The Workplace : One Thread
Can i file a complaint against an individual( co-worker or manager ) alone?
-- autumn webb (email@example.com), July 24, 2001
Yes. Maybe.... Under ordinary circumstances a civil action would have to be against the corporation. The supervisor/mannager involved is usually protected under the corporate umbrella.
However, there is one exception. (Well maybe more than one but I'm not a legal scholor.) That one is Retailation. Retailation strips away corporate protection and allows prosecution and/or civil action against the suspect. However` Retailation is more difficult to prove. Essentially it involves an adverse action by the employer directly attributed to an employee's complaining about suspected harrasment and or discrimination. Actually the employee only has to mention it's against the law. Retailation could occur while employed or even after.
Maybe someone can add to or correct what I just started.
-- Grant Wilkes (firstname.lastname@example.org), October 14, 2001.