Is It Better To Name Individuals Or The Company In Employment Lawsuit?
Victims of unfair labor practices and their lawyers have two options before filing their employment case: name individuals as defendants or the company itself. There are certain legal ramifications involved when one specifically names a single individual or the entire company as the defendant.
According to Jeffrey Winikow, a prominent legal representative in Los Angeles, naming an individual in employment lawsuit may narrow the case and allow lawyers and plaintiffs to focus on the most important issue.
Winikow said that most employment lawsuits do not allow plaintiffs to name a single defendant except in cases where the aggrieved party is seeking compensation for damages under tort law.
In his article “Suing Individuals in Employment Cases: Look Before You Leap”, Winikow said that naming a corporate supervisors or senior executives is not advisable in seeking termination claims as the case may be dismissed on the premise that it is the company’s policy and not of a single person.
On the other hand, Atty. Winikow said that incidence which involved oral defamation and infliction of emotional distress are the cases where it is advisable to sue an individual (as it may appear impossible that all the company superiors and staff will be able to do such things).
While there are negative ramifications in suing a single defendant (than the whole company), Winikow stressed that doing this is the best legal strategy to keep the case in the state court. Meanwhile, he warned people not to file claims based on fraud or retaliation as the defendant may counter-charge with malicious prosecution.
Winikow highlighted these negative ramifications in suing individuals:
• The defendant may file malicious prosecution against the plaintiff.
• The case is short-sighted since it prosecutes only one erring individual when in fact the management structure of the company is the main problem.
• In most cases, it is easier to attack a company than an individual.
Our www.mesrianilaw.com/>Los Angeles employment lawyers are expert in handling www.mesrianilaw.com/Employment-Law.html>employment cases such as wrongful termination. For consultation, log on to our website and call us toll free for immediate legal assistance.
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