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Does my state let me sue my boss personally
You had a specific person at work who made things worse. Maybe a supervisor who discriminated against you, retaliated when you spoke up, or broke a promise. It feels personal because it was personal. But when you look into suing that individual, you learn that federal discrimination law usually only lets you sue the company, not the person. Whether your state gives you a separate path to hold that supervisor personally responsible depends on the type of claim you have and the laws of your state.
The honest reality
Wanting to sue the person who actually hurt you makes sense emotionally, but the law does not always match that instinct. Many employment laws define liability through the employer, not the individual manager. Even in states that do allow personal lawsuits, you may still need to prove that the supervisor acted outside their job duties or violated a specific state law that names individuals.
Many states go further than federal law does
A meaningful number of states have their own anti-discrimination or anti-harassment laws that explicitly allow an individual supervisor, or even a coworker, to be personally liable, most commonly through what is called "aiding and abetting" liability, someone who knowingly helped cause the discrimination or harassment can be liable even though they were not the employer. Other states track federal law closely and do not allow this. There is no substitute here for checking your specific state, which is exactly what a consultation with an employment lawyer licensed there is for. Courts differ on the details, and the answer depends on your state and the specific claim, which is exactly the kind of question a free contingency consultation with an employment lawyer is built to answer, not something a general page like this one can settle for your situation.
Talking to a lawyer costs nothing to start
A consultation is where the state-specific answer lives
Whether you can sue a specific person, and whether it is even worth it once you can, depends on your state, your claim, and that person's actual role, questions a free contingency consultation with an employment lawyer is built to answer. If cost is the worry at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid. See also our employment guide and, if you are past the agency stage and heading to federal court, filing in federal court.
Questions
Can I sue my supervisor personally for discrimination under state law?
Some states have their own discrimination laws that allow you to name individuals as defendants, while others follow the federal approach and only allow suits against the employer. The answer depends on your state's specific law and the type of discrimination alleged, so you need to check your state's fair employment practices act.
What if my boss violated state wage laws, like not paying overtime?
State wage and hour laws often define an employer broadly to include supervisors who have control over pay. But the rule varies widely. In some states you can sue a manager personally for unpaid wages, while in others only the business entity is on the hook.
How can I find out whether my state allows me to sue my boss as an individual?
You would need to look at your state's employment statutes, especially the definitions of employer and employee, and see if supervisors are included. Consulting with a local employment lawyer is the most reliable way to get an answer specific to your situation, because the facts of your case and your state's court decisions matter.
Not legal advice and not a law firm. We don't predict outcomes, and individual-liability rules vary by state and by claim in ways this page cannot settle for your specific situation, a free contingency consultation is the right next step to get a real answer. If you can get a lawyer or free legal aid, do: start at lsc.gov.