Posted on 06/11/2021 1:58:34 PM PDT by TermLimits4All
So I'm a named party in a lawsuit. It's against my former employer and myself. I was a sales manager for the company in the Atlanta metro area. I would hire sub contractors to perform services and the company would pay said sub contractors for their services. The sub contractors would sign an agreement with the company for their percentages minus the cost of Materials which is standard I. The construction industry. This company would often take advantage of the sub contractors who largely were illegals. I know of at least 4-6 subs that have been taken advantage of as far as non payment or partial payment on projects.
My question. Since I had zero control over the subs pay other than what I quoted jobs for and since I was an employee for the company with no responsibilities regarding payments to sub contractors how could I be liable for anything regarding a sub contractors pay? Im also interested in a cross claim since it appears this is going to cost me money to be removed from this proceeding.
I've contacted the plaintiffs attorney and discussed this as well as submitting a statement regarding my capacity with the former employer with the court. The plaintiffs attorney called me today saying if I would agree to be deposed that they'll remove my name from the lawsuit.
This has already taken time out of my day and money to submit my statement with the court. I don't have thousands of dollars to fight this as I'm being sued by this former employer on a separate issue in a different state. Any suggestions or guidance from the legal eagles is appreciated.
It will be far cheaper to retain an attorney then to try yourself.
You need legal advice from an attorney. I mean an attorney you personally retain, separate from the attorneys for your former employer.
I say wing it and get free legal advise from random anonymous people on the internet.
Depositions are not your friend. Protect yourself. Retain your own attorney.
The plaintiffs named you in the suit because they knew your name and you probably were a signatory to their contract. With the employer named, and your role, without any constructive influence on accounts payable decisions, it’d be hard to press you are personally liable because your signature on that contract was not a personal representation. You were an authorized signatory for the company - hence it’s reasonable that the company is liable not you.
Your personal liability would come into play based on your knowledge of their failure to pay - sort of like a co-conspirator.
If the company doesn’t pay, and you are considered as such, you could get in some trouble.
Find out what your company is planning on doing and ask if they will represent you as party to the suit and assume any liability attributed to you. If you’re confident they will suck this up and pay them, there is low odds you’ll be on the hook. If they are going to dick around or not represent you, better get a lawyer.
A cross claim is not likely to go in your favor if the plaintiff’s claim is valid, however, if you are not a “co-conspirator”, you would have some basis to sue your employer IF you eentuallyare held liable.
If however you are a “co-conspirator” make sure you have representation. The company lawyer may turn on you to defer their own expenses.
The company is not indemnifying you and defending you?
Get a lawyer where the suit is pending. His “promise” to “take your name off the suit” is not enforceable. Also, he could easily use some answer you give in the depo for changing his mind. Also, if he does not dismiss the claim against you “with prejudice,” he could re-add you later. Also, even if he drops you from the suit, your former employer could bring you back in on a third-party claim.
I think you need at bare minimum a consult with an atty.
IANAL (but I work with lots of lawyers) but if YOU quoted the job KNOWING that your subs were probably/potentially unlicensed and uninsured and your bids incorporated that knowledge or ASSUMED knowledge, then you certainly could have liability.
The problem with the “I didn’t know” defense is twofold: 1: you are not Hilary Clinton, and 2: If that defense is shot down then the failure of that defense = you DID know. That is the kind of defense that if it’s found invalid, if it gets shot down in one argumentative burst, you are flat on your ass at that point.
I say wing it and get free legal advise from random anonymous people on the internet.
Where you an officer in the company?
Your employer and its insurer should be providing you with defense counsel. DO NOT TRY TO HANDLE LITIGATION PRO SE (i.e., by yourself).
Tell the judge your name is Jerry Callo.
Last thing they need is a rogue ex-employee to torpedo their defense strategy.
SamAdams may be busy. It is Pride Month after all. Gotta get that Rainbow beer out.
Forget Sam Adam’s, get Jack Daniels.
It is Jerry Gallow.
I’d guess you would be liable of misrepresentation if you knew of a pattern of terms you offered not being fulfilled. Do not trust the word of any lawyer representing the opposing party.
I third Meatspace's suggestion and Heironymus' second.
BTW: Free legal advice on an anonymous internet forum has always worked out well for me!
I wonder how many are going to get that reference, ROFL!
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