It is becoming increasingly common that when an employee files suit against their current or former employer, they file not only against the company they worked for day-to-day but also against any related company. Akin to the little hatchling in the well-known children's story, Are You My Mother? who asked everyone and everything if it was his mother, including a kitten, a hen, a dog, and a piece of heavy machinery (a Snort), plaintiffs these days are quick to ask if an entity or an individual may be considered their employer or liable as if it were so. Plaintiffs make such allegations regardless of whether the entity or individual ever dealt directly with the them during their employment. This article will address when a company and an individual may be held liable for a variety of California claims even though they may not believe that they are the employer of the individual in question.
Types of Claims
It should come as little to no surprise that plaintiffs will often sue multiple companies and high-level individuals when filing a complaint, seeking to get into as many "deep pockets" as possible. This is true for claims filed under the California Fair Employment and Housing Act ("FEHA"), including allegations of discrimination, harassment and retaliation; claims of wrongful termination; claims of whistleblower retaliation; and claims filed under the California Labor Code for wage and hour violations, among others. Labor Code claims can include individual actions, class...
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