Feb 23, 2016 3:24 PM
Court says former employees can sue Fred Fuller, alleging sexual harassment and retaliation
DERRY - The N.H. Supreme Court has ruled against a former oil company owner who was arguing he shouldn't be held liable for claims of workplace harassment after his business went bankrupt.
Fred Fuller's company was sold last year to Rymes Propane and Oil, which took over the business, its employees and roughly 30,000 customers.
Two of his former employees, Nichole Wilkins and Beverly Mulcahey, sued the Fred Fuller Oil Company, Inc. for sexual harassment and retaliation. That case became moot when the business dissolved in bankruptcy. But the two women also sued Frederick J. Fuller as an individual employee of Fuller Oil.
U.S. District Court Judge Paul Barbadoro asked the state Supreme Court to rule on two questions - whether, under state law, individual employees could be held liable for aiding and abetting discrimination in the workplace and whether they could be held liable for retaliation in the workplace.
In both cases, the Supreme Court said yes, allowing the case against Fuller to proceed.