If a chemical applicator damaged a property substantially and had no applicator’s license so was working under my license without my knowledge, how can I hold my employer liable?

I hold a chemical applicator’s license and work for a landscape company as an account manager in the maintenance department. The owner of the company hired a chemical applicator who had no applicator’s license and was working under my license without my consent. The damages caused the state Dept. of Agriculture to audit me, though I had no knowledge of his not having his own license. During the audit, the new applicator had several violations which will result in fines up to $25,000 per violation. I also received permenant marks against me with the Dept. of Agriculture that are permenant. How can I make my employer responsible for these large fines that I had nothing to do with?

Asked on August 4, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can hold your employer and the unlicensed applicator himself liable by suing them if others cause you a loss or economic or reputational injury either negligently i.e. carelessly or intentionally, they can be responsible for paying for your loss. You could bring a lawsuit based on various grounds, including potentially negligence, conversion or theft, identify theft, etc. d on the amount you describe as being at stake, you should speak with an attorney a litigator somone who specializes in lawsuits about bringing a legal action.


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