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Sue the employee


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Hi

 

I’ve been thinking about the harasshment issue by DCAs - would it not be possible to sue the employee doing the harassment?

 

In the case of sexual harassment on a job the employer can be sued but also the harasser can be sued as well.

 

So why not the employee of the DCA.

 

The old “I was just obeying orders - doing my job” won’t help when they claim such.

 

For the DCA has to make the employee aware of their legal responsibilities in collecting a debt, so if the employee has been aware, as testified to by the DCA that the employee was trained correctly, then the employee is acting illegally and on their own, and as such could be held responsible for their actions.

 

True the DCA will say that the person has been fired, but it would seem to me that a civil or criminal lawsuit could still be filed against the employee for harassment. And the DCA would then have to release contact information about that employee, and the call records of that employee.

 

And in turn the employee may then turn witness against the DCA and blow the lid off the entire operation.

 

Also in suing the employee it would give notice to all DCAs and their employees that they can run but they can’t hide.

 

I think outing the employee would take the sting out of their harassment, and DCAs would have to clean up their act.

 

What ya think?

 

ICBI

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As far as I am aware you cannot sue an individual of an organisation, it has to be the company that the employee works for.

 

I am sure someone will correct me if I am wrong. If you could sue an employee then DCA would have no one working for them :o

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