Can I be held responsible for mistakes as a previous employee?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be held responsible for mistakes as a previous employee?

My previous employer continues to blame me for mistakes in the past and has now said that if a client were to take him to court that as owner he would not be brought up on legal charges but I would as the employee.

Asked on February 24, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In terms of your employment, your employer is free to blame you, resent you, hold you responsible, etc. for as long as he likes. If you have an employment contract, then depending on the contract's terms, he may not be able to do anything about it; but without a contract, he could, for example, fire you over something you did in the past.

As to liability: if you committed a tort as an employee (e.g. assault, defamation, theft, or injuring a person or property through negligence) you could be liable, the same as you could be liable if you did these things outside of your job. Your employer could also be liable in many circumstance, as your employer, if you committed the tort in the course of employment.

If as a result of your action the company breached a contract in some way, the customer or client would likely not be able to hold you liable--he or she would sue the company, with whom he or she contracted. If you caused the breach intentionally or through negligence (carelessness), the company in turn might be able to sue you to recover its losses.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption