Can I sue the managers of the company that I work for personally and not in their business capacity?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue the managers of the company that I work for personally and not in their business capacity?

My son was bit on the foot several times by a spider. It was the day after his first day of work. One of his bosses is also mine, since I got him the job where I work. They had him stand for 12 hours doing dishes and by the end of it, his foot and leg were severely swollen. He has now worked 3 shifts on his foot and it is so bruised and inflamed, it is twice the size of his other leg and foot. The doctor who looked at it said he would give him antibiotics in case it got more swollen from standing. These employers are known for working people to exhaustion and through a lot of pain and injury. My son has aspergers and suffers from severe social anxiety, especially with respect to confrontation. He is 18 but many times

either his dad or I need to step in to help him confront a person with whom he feels intimidated by. The point is, I spoke for him and sent messages to the bosses because he would just do whatever they say and I didn’t want him to suffer further injury. My boss and his boss told me that if I did it again that they would fire us both that I was not to help him, either with work or with speaking to them. I help my co-workers all the time. I’m enraged. I want them to be fired and I want to sue them as individuals, not the company.

Asked on June 6, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can neither sue the managers nor the business: they are not liable for your son's condition. They did not cause the spider to bite him; and while they may have asked him to keep working, he could have left and gone to a doctor or emergency room--they did not hold him captive or put a gun to his head (I presume). You write that he has aspergers and social anxiety but, not to be too blunt or harsh, that is not the employer's concern: they are not his legal guardian. If he can make decisions for himself, he is accountable for his choice to put his employment ahead of his health and keep working; and if he is not competent to make decisions for himself, then the responsibility is that of his legal guardian(s), who put him in that position. In either event, it is not his employer's responsibility.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption