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Category: Legal
Satisfied Customers: 56913
Experience:  Licensed attorney helping individuals and businesses
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I own a small business INC that had 2 sites. I have been forced

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I own a small business INC that had 2 sites. I have been forced to close one and am about to close the other lot. I was contacted a few months back by a new employee and told that she thought she had been being sexually harassed by another one of my employes. I immediately ask her if she read the copy of the sexual harassement policy. she said no so I sent one by email. this was at 4:15 pm I also told her I would investigate the matter right away. The next morning wile I was driving the 4 hours to the lot she worked at to meet with her and the other employee I got a phone call from her stating she quit because she thought I would not fix the problem.
I called her 4 times to find out why she never returned my calls.
She filed a complaint with the state BOLI and they have found that there may be a technical violation of the statute but since she did not me to investigate there should be little or no damage.
The ex employee has now hired an attorney and demanding 50K to settle.
I can not pay that so I am planing on filing for a bankruptcy of my business. will filing protect me from individual liability if she files a lawsuit?
Hello and thank you for the question. Filing protects the filing entity only. You would not be protected personally. However where the claim is against the company only it would not extend to you personally. Piercing the corporate shield or veil is very rare and only happens when company is an empty shell created and functioning to defraud.
Customer: replied 4 years ago.

She filed against the company. Can she now file against me personally?

Could I be held personally responsible for the act of an employee of my corporation?

That is good news. She would have filed against both initially if had a claim.
Employee misconduct can lead to company liability but not personal liability. Good luck. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
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