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I filed a whistleblower complaint against my supervisor and he found out. Can I sue him for retaliation?

Monterey, CA |

My HR Director is friends of my supervisor. I have proof the HR Director told my supervisor of my whistleblower complaint. Now my supervisor is going out of his way to harass me, which I can prove. Can I sue both the HR Director and the supervisor? Or should I just sue the company?

Attorney Answers 1


Under California law, supervisors generally cannot be held liable for retailiation under the Fair Employment and Housing Act (See, Hammond v. County of Los Angeles et al., 73 Cal.Rptr.3d 690 (2008)). Individual supervisors can be held personally liable for various types of harassment, such a race or gender based harassment, however.

While I do not have enough information from you question to provide you any specific advice about what you should do, it is very important that you document the acts you believe are retaliatory and that you talk with an attorney quickly. Various statutes of limitations (federal and California) govern labor claims and if you delay, you could lose your right to seek legal redress. Best of luck.

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