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What is respondeat superior
You were harmed by a specific coworker or supervisor, and it feels natural to want to hold that person directly accountable in court. The term 'respondeat superior' is a legal doctrine that sometimes shifts responsibility from that individual to their employer instead. Whether you can sue the person who wronged you depends heavily on the type of legal claim you have and the state where the incident occurred.
The honest reality
Wanting to sue the individual who hurt you is understandable, but the law does not always let you do that. Under respondeat superior, an employer can be held liable for an employee's actions done within the scope of their job, which often means the employer is the defendant instead of the employee. This can feel unfair, but it is a tradeoff the legal system makes to ensure victims have a financially capable party to pursue.
The employer usually answers for an employee's actions on the job
Respondeat superior is the legal doctrine that holds an employer responsible for the wrongful acts of an employee committed within the scope of their job, it is one of the main reasons a company, not just the individual who did something wrong, ends up as the defendant in an employment lawsuit. It applies most cleanly to ordinary negligence and to acts that are at least connected to the job, and is more contested when an employee did something clearly outside their job duties or for purely personal reasons, courts look at whether the conduct was the kind of thing the job involved, not just whether it happened during work hours. 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
Does respondeat superior mean I cannot sue the employee who wronged me?
Not necessarily. In many states, you can still sue the individual employee for certain claims, such as intentional misconduct or actions outside their job duties. However, for ordinary negligence within the scope of employment, the employer may be the only proper defendant under this doctrine.
If I sue the employer under respondeat superior, can I also sue the employee separately?
That depends on your state's rules. Some states allow you to name both the employer and the employee as defendants, while others require you to choose one. The answer varies by the type of claim and local law, so you should not assume you can do both.
Why does the law protect the employee when they were the one who hurt me?
Respondeat superior is not meant to protect the employee. It is meant to ensure that victims can recover compensation from the employer, who typically has more resources and is in a better position to prevent harm. The doctrine also reflects the idea that an employer should bear the cost of risks created by its business.
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.