If someone has harassed me using their employer’s phone, can I file a lawsuit against the company and the employee?

UPDATED: Jan 21, 2014

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If someone has harassed me using their employer’s phone, can I file a lawsuit against the company and the employee?

I have filed a police report regarding harassment. An unknown individual has been calling me from a corporation phone. The HR supervisor has identified and confirmed that the employee has admitted to calling and harassing on company phone. The HR told me to file the police report against the company instead of the individual because he could not give up the name/

Asked on January 21, 2014 under Criminal Law, Illinois


Brook Miscoski / Hurr Law Office PC

Answered 9 years ago | Contributor

I am licensed in both Illinois and Texas, although I live and practice in Texas.

Under Illinois Supreme Court Rule 224, you are allowed to file a pre-suit petition to obtain discovery of responsible parties. You would serve this upon the company in the appropriate manner to try to force the company to give up the employee's name, so that you could then sue the employee. A local attorney will know more about how to accomplish this and about any exceptions and limitations that might apply.

Finally, depending on the facts you would probably sue the company too. The company likely has more money than the employee, so it doesn't make sense to leave the company out of it if you can make a legitimate case that the company should be responsible for what its employee is doing. Again, a local attorney would probably be very helpful in determining whether a lawsuit could obtain damages.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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