There are many different ways you can sue your manager personally, as discussed below.
Employee Discrimination
In most states, you can sue a manager for discriminating against you at work. But, again, this depends on the unique circumstances of your case. For example, cases such as sexual discrimination can lead to individual lawsuits against a manager. For example, think of a situation where a manager refuses to approve an employee's request for leave as provided by the FMLA because the employee refuses to have sexual relations with the manager. In that case, the manager can be liable for sexual discrimination.
Discriminatory Interview Questions
Some questions are considered inappropriate, especially when asked during a job interview. However, some potential employers ask some of these questions out of good faith, not necessarily to discriminate against the job seeker. That said, some recruiters know that they might get away with asking some of these questions if they play their cards right.
For this reason, speaking with an experienced labor and employment attorney is the best way to find out whether the potential employer discriminated against you when they asked a particular question. But, of course, this will largely depend on the circumstances of your case.
Here are some examples of interview questions that could be considered discriminatory:
- Do you have children?
- If so, how old are they?
- If you do not have children, do you plan on having them when you get hired?
- How do you identify sexually? Are you gay, straight, or anything else?
- Do you have a disability?
- If you have a disability, could you briefly describe it?
Unfair Dismissal
All US states, except Montana, are at-will employment states. This means that employers have the right to hire and fire you as long as they do it legally. In other words, even though the employer can hire and fire you as they wish, their actions cannot derive from unlawful practices such as employee discrimination. For instance, suppose you got fired for raising the alarm in the workplace about certain violations, such as unpaid wages or child labor. In that case, you may be able to sue your manager personally if they fire you.
However, for this to work, you must be able to prove that you were fired because you participated in protected activities in the workplace. If you can prove that, you will have a higher chance of winning the case against the employer.