Best Ohio Employment Discrimination Attorney Answer: Can my employer avoid my lawsuit by closing the business? How does my employer going out of business affect my case? What type of lawyer do I need to sue my employer?
Our employment discrimination attorneys are often asked by the employees of smaller businesses about what could happen to their case if the employer closes the doors. Likewise, our employment law lawyers have been told by more than one desperate defense attorney “do you want to put my client out of business?!” At the end of the day, short of the employers’ filing for bankruptcy protection, the threat of going out of business only potentially threatens the value of your case, rather than its viability.
For example, in Massachusetts, the states attorney general is continuing to press sexual harassment claims against a diner and its owners, even after the diner closed its doors. The claims, which include allegations that female waitresses were regularly subjected to sexually charged conduct and inappropriate touching by the diners owners and male cooks:
The female employees were regularly subjected to sexualized commentary, cat-calling, whistling, and unwanted touching and advances from cooks at the diner. The cooks allegedly grabbed waitresses’ hands or arms when they reached into the kitchen window to pick up their food orders, and cornered them in the kitchen’s walk-in refrigerator. In some cases, the cooks allegedly shut off the lights in the walk-in before following a waitress inside and closing the door behind them. While on shift, the cooks also allegedly looked at and showed the waitresses pornographic images and videos on their phones
The owners of this diner, who very clearly encouraged a hostile work environment on the basis of sex harassment, may have thought the A.G would abandon the case if they simply boarded up the windows. However, because they can be held personally liable for the debts and liabilities of the business, nothing has really changed. This is even more so under Ohio law, which allows employees to sue their former supervisors and managers for discrimination. Thus, the viability of your harassment case, discrimination case, or wrongful termination case is necessarily lost by the closure of the employers business.
The closure of your employers business can, however, effect the value of your case. In many cases, the employer will be able to argue that your damages – typically measured by lost wages, are cut-off based on the date the business closed. Thus, the value of a case can be significantly reduced by your employers going out of business, depending in part on how strong your claims for other damages, such as emotional distress are.
If your former employer files for bankruptcy protection, however, all bets are off. In most cases, you simply become another unsecured creditor to your employer, which can make collecting a settlement or even moving your case forward very difficult. This is another reason why our wrongful termination attorneys always name as many supervisors who are responsible for your discrimination or harassment in your lawsuit as possible.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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