Can I sue a business segment of a large corporation for sexual harassment or do I have to sue the corporation itself?

Asked over 1 year ago - Houston, TX

I feel I am a victim of sexual discrimination or harassment by my employer. I am unsure of which. My former boss fired me because I reported two of my co-workers having an explicit conversation while we we working. He said it was because they were at the company long before I came and others are used to them being graphic at work. Problem is this is a business segment of a large company so I do not know if I should sue the segment or the corporation itself. Both names are used on my paycheck, etc but the segment is not registered with the secretary of state but the corporation is. Please assist, thank you.

Additional information

Thank you all for the answers! I have found an attorney on AVVO that is going to assist me. I'm glad I found this site! :)

Attorney answers (7)

  1. Debra Vera Jennings

    Pro

    Contributor Level 11

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    Answered . This is a decision for your attorney to make. It is imperative that you hire able counsel. One misstep can bar your case. Employment cases are filled with land mines that can blow up in your face.

  2. Steven E. Petrou

    Contributor Level 10

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    Lawyers agree

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    Answered . You should sue your "employer", which is the legal entity that directs your work, supervises you and pays you. In order to make the right call you would need to provide additional details and consult an attorney.

    This is not intended to be legal advice, but is only for general information. Cantact an attorney in your area... more
  3. Kevin Rindler Madison

    Pro

    Contributor Level 18

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    Answered . You should hire an attorney and let your attorney discern what entity needs to be sued. Why would you risk jeopardizing your case if you make a procedural misstep? Hire a professional. This is why we go to law school for 3 years after 4 years of college.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  4. Michael Charles Doland

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . Normally you must sue the corporation under its correct name, not a division, not a dba.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  5. Darrel S Jackson

    Pro

    Contributor Level 17

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    Answered . You really should consult with an employment attorney before you proceed. You may need to file a charge with the US Equal Employment Opportunity Commission or an analogous state agency before you can file a lawsuit. In addition, filing a lawsuit can have significant consequences for you, so you should carefully evaluate your situation before proceeding. Good luck.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to... more
  6. John P Corrigan

    Contributor Level 19

    5

    Lawyers agree

    2

    Answered . Sue the corporation as a business division/segment is not a distinct entity. Also you can sue the other employee personally for their tort against you.

    This is not intended to be giving legal advice and this topic can be a complex area where the advice of an... more
  7. Adam Kielich

    Contributor Level 18

    4

    Lawyers agree

    Answered . Good luck

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