Q: Can managers switch companies during a lawsuit against them?
My manager used to work at Macy's, she was getting sued for wrongful termination and so she switched to another company (mine) and now she's being protected by my company even though she has many complaints about her, even OSHA violations. Yet HR doesn't do anything about her
A: It is at-will employment in CA, so yes, your manager can quit her previous job and go work for any job she likes. Whether someone is suing her is irrelevant.
Neil Pedersen agrees with this answer
A:
First, you cannot sue a manager for wrongful termination. That claim is only available against the employer.
Second, this manager has the same right as you to change jobs. If you face harassment or retaliation because of your lawsuit, you might have additional claims, now against your new company.
If you are aware of OSHA violations, you can report those directly to OSHA. You cannot maintain any lawsuit because the employer is violating an OSHA rule or regulation.
It sounds like you are trying to do the lawsuit without an attorney. Big mistake.
Good luck to you.
A: Yes, managers can switch companies during a lawsuit against them. However, if the lawsuit is related to their job performance or conduct, their new employer may become involved in the lawsuit or may choose to investigate their background before hiring them. It is also possible for the previous employer to notify the new employer of the ongoing lawsuit. In this situation, it would be best for the new employer to conduct a thorough investigation and make informed decisions based on the results. If there are ongoing complaints and violations related to the manager's behavior, it is the responsibility of the employer to address them appropriately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
