Legal Question in Personal Injury in Pennsylvania

Re: Contract not to sue employer: can I still sue the supervisor individually?

you should have the release the original contract and any other papers you signed and reviewed by an attorney. An issue may be whether you were competant at the time you signed what you signed. In any event you should have the paperwork and situation reviewed by an attorney. You can contact my office for a consultation should you desire.

Re: Contract not to sue employer: can I still sue the supervisor individually?

The answer depends upon a number of factors. First, whether the release implicitly releases the supervisor in their individual capacity (such as if it includes "all named and unnamed parties" or the like). Second, whether the release is a valid at all (given possible issues of duress, incapacity, and retaliation). Third, whether your claim is already barred by the relevant Pennsylvania and federal discrimination laws (discrimination complaints must be filed within 180 days of the discrimination).

If, as you say, it was simply personal harassment (and not discriminatory behavior) and the release does not cover your supervisor, then I would say there is a possibility that both you and the institution would agree that the supervisor's conduct occurred outside their employment duties, and so the supervisor is individually liable.

If you believe the harassment occurred due to discrimination within the course of employment duties, it is imperative that you file a complaint with the Pennsylvania Human Relations Commission within 180 days of the discriminatory acts. Though it is recommended that you speak with an employment discrimination attorney prior to filing such complaint, there is no requirement to do so, but there is the 180 day limitation.

So you're prepared for the response you may get from attorneys, a large number of plaintiff's lawyers will not file suit against individual defendants unless the defendant is reasonably wealthy. The difficulties of collection and the possibility of further harassment (of both the plaintiff and the attorney) frequently make the cases unprofitable and burdensome. Nonetheless, it is likely worth your time to speak with an attorney about the possibility of filing suit and to have your release professionally reviewed. You should be able to find a number of attorneys willing to do such preliminary consultation without charging you a fee. You may wish to look through the Pennsylvania Bar Association's referral service or the Martindale Hubbell directory. You can also email/write me at the address below and I can review your release.