Legal Question in Discrimination Law in New York
sued in a civil action
My husband used to work for a company and has not been there for a little over a year. Another former employee of the same company is suing the company for racial discrimination and has named the company and six individuals as defendants. My husband is one of those named. He received the civil suit by a summons clerk and it is from the New York Courts asking him to respond in his individual and official capacity within 20 days. My husband wants to just ignore this claiming that this is a civil lawsuit and being that he no longer works for the company he does not care. And he obviously does not want to jeapordize his current job to deal with this.
Is he ok in doing this or does he need to respond?
And is the former place of employment responsible for attorneys or would he need to retain one of his own?
(this is an awkward situation because his employment ended not favorably) The company being sued is in Chicago, the courts suing is New York and we live in Florida
2 Answers from Attorneys
Re: sued in a civil action
you should ABSOLUTELY retain an attorney and submit an answer to this complaint or a default judgment may be enetered against him.
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Re: sued in a civil action
If they are bringing suit under Title VII of the civil rights act of 1964 there should be no personal liability for your husband. However, there are some causes of action for discrimination that do carry personal liability. I think you should consult an attorney.