Can I Sue My Boss Personally? When You Can Name Them
Sometimes. You can sue your boss personally for unpaid wages and overtime under federal law. You can sue them for things they did to you directly, like assault or defamation. And you can sue them for money they owe you. But you usually cannot sue your boss personally for discrimination or wrongful firing. Federal courts say those claims go against the company, not the person who made the call.
That split trips almost everyone up. So let's walk through it. Some claims reach your boss's own bank account. Others only reach the company. Here's which is which, and what to do next.
The Short Answer: It Depends on What Your Boss Did
Think of it as three buckets.
Bucket one: your boss broke a law that reaches people, not just companies. Federal wage law is the big one. If they controlled your pay and shorted you, you can name them.
Bucket two: your boss did something to you as a person, not as a manager. Assault. Defamation. Fraud. A personal loan they never paid back. Those claims were never about the company. They follow the human.
Bucket three: your boss discriminated, harassed, or fired you illegally. Under federal law, these claims target the company. Your boss acted for the company, so the company answers for it. Some state laws change this. More on that below.
| What your boss did | Sue them personally? | Who you go after |
|---|---|---|
| Shorted your pay or overtime | Yes, under the FLSA | The company AND your boss |
| Blocked or punished family leave | Often yes, under the FMLA | The company AND your boss |
| Hit you, threatened you, groped you | Yes, always | Your boss (company too, sometimes) |
| Lied about you and cost you a job | Yes, defamation is personal | Your boss |
| Owes you a personal loan or bet | Yes, plain debt | Your boss, in small claims |
| Discriminated or fired you illegally | Usually no (federal law) | The company, through the EEOC |
When You Can Sue Your Boss Personally
Unpaid wages and overtime
The Fair Labor Standards Act defines an employer as any person who acts "directly or indirectly in the interest of an employer." That one line is huge. The owner who set your schedule counts. The manager who approved your timesheets counts. Even the HR director who signed off on your pay can count. Each one can be on the hook for your back wages, out of their own pocket.
This rule gets used. In 2013, a federal appeals court made the CEO of the Gristedes grocery chain pay in a huge wage case. The company had settled and then couldn't pay. The workers went after him directly, and won.
So if your paycheck is short and the company pleads broke, the people who ran it may still owe you. That matters most when the business shuts down. The company vanishes. The boss doesn't.
Start with our guide on what to do about unpaid wages if money is the core problem.
Family leave violations
The Family and Medical Leave Act borrows the FLSA's definition of employer. Same rule: the people who made the call can be sued by name. In one Iowa case, a federal judge ordered an HR director to pay $40,000 for an FMLA violation. That came out of her own pocket, on top of what the company owed.
So if your boss denied leave you had a right to take, or fired you for taking it, they may be exposed too.
Things they did to you as a person
Some claims never depended on work law at all. These are called torts, and they follow the person who did the act:
- Assault and battery. Your boss shoved you, hit you, or touched you sexually. That's a personal claim against them. It can also be a crime. Report it.
- Defamation. Your boss told a reference checker you stole from the register. You didn't. If that lie cost you a job, you can sue the boss who said it.
- Fraud. They promised you commission in writing, took your sales, and never planned to pay. That claim can stick to them.
- Emotional distress. This claim exists but the bar is very high. Courts want conduct that is truly outrageous, not just cruel or unfair. Read our guide on suing for emotional distress before you count on it.
Money they personally owe you
This is the lane almost nobody writes about, and it's the easiest one. Sometimes the fight has nothing to do with work law. Your boss borrowed $800 and dodged you for six months. They sold you their old truck and the title never showed up. Or they run the shop as a sole proprietor. That means they ARE the business in the eyes of the law. Every debt the shop owes you is their personal debt.
These are plain money claims. You don't need the EEOC. You don't need a lawyer. You send a written demand. If they ignore it, you file in small claims court against them by name. Most states let you claim between $5,000 and $20,000 this way. Check your state's small claims limit.
When You Can't Sue Your Boss Personally
Discrimination under federal law
Here's the part that surprises people. Title VII, the ADA, and the federal age bias law do not let you sue a boss by name. Courts have said it over and over. Your boss made the racist comments, but the company pays for them.
Why? Those laws define "employer" in a narrow way, and courts read that to mean the business itself. Your manager acted for the company. So the company owns the conduct.
A famous example: in 2023, a New York jury awarded $1.2 million to Robert De Niro's former assistant over a hostile work claim. The jury found his company at fault. It found De Niro, the person, not at fault at all. Same facts, different names on the suit, opposite results.
These claims run through the EEOC. You file a charge, the agency looks into it, and you get a right to sue letter before you can go to court. Our full guide on whether you can sue your employer covers the grounds.
Wrongful termination
Getting fired illegally is almost always a claim against the company too. The company hired you. The company fired you. Even if one manager pushed you out, the firing was a company act. Still on the payroll and weighing your options? Read suing your employer while still employed first.
State Law Can Flip the Answer
Federal law is only half the picture. State civil rights laws have their own rules, and some of them do reach your boss by name.
| State | Can you name your boss personally? |
|---|---|
| California | Yes for harassment (Gov. Code 12940(j)(3) puts harassers on the hook by name). No for discrimination or retaliation decisions. |
| New York | Yes, in many cases. State law covers people who "aid and abet" discrimination, and NYC's law goes even further. |
| Iowa | Yes. The Iowa Supreme Court ruled that bosses can be sued by name under the state civil rights act. |
| Ohio | No, since 2021. A state law change wiped out personal claims against bosses for discrimination. |
The pattern: harassment claims reach the person more often than discrimination claims do. And many state laws reach further than federal law. Your state's rule is worth ten minutes of research before you decide who to name.
Should You Sue Your Boss, the Company, or Both?
Even when the law lets you name your boss, think about collection. A judgment is just paper until someone pays it.
The company usually has more money. It often has insurance that covers work claims too. Your boss has a checking account and maybe a mortgage. That's why most lawsuits name the company first and add the boss when the law allows it.
But naming the boss changes the pressure. Suddenly the person who wronged you has their own stuff on the line. They can't hide behind the company's lawyers with nothing at stake. In wage cases, that pressure gets people paid.
One more wrinkle: an LLC or corporation shields the owner's personal assets from most business debts. The shield has holes, though. It does not block federal wage claims. And it never protects anyone from their own assaults, lies, or fraud.
How to Actually Do This
- Pick your lane. Money owed (wages, loans, unpaid commission) is the small claims lane. Discrimination or harassment is the EEOC lane. Assault or defamation is a civil claim, which can also go to small claims if the dollar amount fits.
- Save your evidence now. Pay stubs, schedules, texts, the handbook, names of witnesses. Do it before you lose access to your work accounts.
- Send a written demand first. For money claims, a formal demand letter that lays out what's owed and sets a deadline solves a lot of these without court. Bosses who ignore your texts tend to take certified mail more seriously.
- Escalate on a schedule. No response? Follow up, then file. Small claims filing fees run about $15 to $75 in most states. No lawyer needed.
- Watch your deadlines. EEOC charges: 180 days, or 300 in states with their own agency. Federal wage claims: 2 years, or 3 if the violation was willful. Defamation: often just 1 or 2 years. Unwritten loans: usually 3 to 6 years.
FAQ: Suing Your Boss Personally
Can I sue my boss personally for discrimination?
Usually no under federal law. Title VII, the ADA, and the ADEA only allow claims against the company itself. But some state laws, like New York's, do let you name the person. Check your state's rule.
Can I sue my boss personally for unpaid wages?
Yes, often. The FLSA treats anyone who controlled your pay as an "employer." That includes owners and managers. Courts have made CEOs and HR directors pay back wages out of pocket.
Can I sue my boss personally for harassment?
It depends on where you live. Federal harassment claims target the company. But California state law puts harassers on the hook by name. And physical harassment like groping or hitting is always a personal claim against them.
Can I sue my boss for defamation?
Yes. If your boss spread a false claim of fact about you and it caused real harm, like a lost job offer, that claim follows them personally. Opinions and true statements don't count.
Does an LLC protect my boss from being sued?
Only partly. An LLC shields owners from most business debts. It does not shield them from federal wage claims. It also does not cover their own conduct, like assault or fraud.
Can I take my boss to small claims court?
Yes, if the claim is about money and fits under your state's limit. Personal loans, unpaid commission, bounced checks, and small wage amounts all work. You file against them by name, no lawyer needed.
Can my boss sue me back for suing them?
They can try, but punishing you for asserting wage or bias rights is illegal, and courts don't reward it. Honest claims made in good faith are protected. Just don't exaggerate or make things up.
What if the company already went out of business?
This is exactly when naming a person matters most. If the company is gone but your wage claim is valid, the owner or manager who controlled your pay may still owe you under the FLSA.
Don't Let It Slide
Whether the right target is your boss or the company, the worst move is the one most people make: nothing. If someone owes you money, put it in writing and set a deadline. PettyLawsuit sends a formal demand letter instantly. Then it follows up with phone calls and a Final Notice, and preps a court filing if they still won't pay. Over 2,500 people have used it to stop getting ignored. Start your case in a few minutes.