Am I liable if my employee signed a contract?
Question Details:
In 2007 I had a security system installed at my business. My understanding was that I paid $888 for the equipment, installation and 3 years of monitoring. They started sending me a bill after 3 years and after numerous calls of me telling them that I didn't want the monitoring service they informed me that I signed a 5 year contract. I told them that I did not and to send it to me, which they did. It turns out that it was signed by an employee. When I told them that they said I was still liable. Am I?
Business Law Answers
You accepted the installation of the system, which was part of that contract, so a court would almost certainly say that you "ratified" your employee's signing the contract for your company. From your question, it sounds like you were the one who got the process started in the first place, with the employee signing the contract (when the alarm company followed up) because you probably weren't available at the time.
The other problem you'll have, fighting this, is that there's a good chance that the court would also find that the employee had "apparent authority" to sign, even if they actually didn't, so you're bound. This will depend on the employee's job title at the time; as long as it wasn't the receptionist or the custodian, you may have to live with this.
Related Business Questions
- What are implied contracts?
- Are non-competition agreements enforceable against an employee when it was the employer who terminat...
- Is it always sexual harassment if one employee engages in "quid pro quo" conduct against another emp...
- Will the IRS still try to collect from my business if an installment plan has been agreed to?
- Is a contract signed by a minor valid?
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |