Legal Question in Employment Law in Illinois
Voluntary Resignation Turned Lawsuit Scenario
An employee resigns in a huff over receiving a stern memo regarding job duties and performance. The employee then decides to sue the former employer and direct supervisor to regain her job and seek civil damages. This woman is over 50 and a minority.
Would not the employer's professional insurance protect the supervisors or could the supervisors be held liable for civil damages personally? The company is based in Illinois, however, the employee and supervisor are in Florida. The company's employment manual states everyone is ''at will.''
Thank you for your assistance.
2 Answers from Attorneys
Re: Voluntary Resignation Turned Lawsuit Scenario
Whether there is liability is a question to be determined, but the law is clear that the supervisors have no personal liability. Accordingly, if the ER has employment practices liability insurance--not professional liability coverage--then the EPL would apply to an employment discrimination claim.
Re: Voluntary Resignation Turned Lawsuit Scenario
Supervisors are generally not legally liable for actions they take regarding their work responsibilities. There are exceptions, but this situation does not seem like an exception would apply.
As for the insurance, you would have to check the policy for the exact coverage. Generally, these policies cover directors and officers.
As for the case, since the employee is at will and apparently was having performance issues, it does not appear as if there is a legitimate race or age claim. Still, if a claim has been filed with the EEOC or a state agency (or if it is already in court), the company will have to defend by proving that it had legitimate grounds for its concerns and the employee was not fired but quit.
If your company needs an attorney to defend against the former employee's claim, to help with your insurance issue, or for any other reason, please call me for a free consultation to review the matter and your company's legal needs.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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