If I received a summons for a lawsuit against my former employer, can I be held financially responsible in any way?
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If I received a summons for a lawsuit against my former employer, can I be held financially responsible in any way?
I was recently issued a summons for a lawsuit where my former employer was listed as a third part defendant. The reason I was contacted is because I was a director of the company. However, at the time of the incident in question 11/2004 I was not a director. The company has since gone out of business (4 years ago) and the former owner has passed away last year. I resigned from the company 5 years ago. Can I be held, in any way, financially responsible in a lawsuit against the company?
Asked on June 9, 2012 under Employment Labor Law, New Hampshire
Answers:
Janet Martin / Janet Martin Attorney at Law
Answered 11 years ago | Contributor
Well, technically no, but in reality stranger things have happened. you should definitely get a lawyer to contact the plaintiff's lawyer explaining all of what you wrote. You of course can contact the lawyer yourself, and try to explain, but if the company is not correctly dissolved according to state law, it still exists, and potentially a director might be held liabie for misdeeds. Even though you weren't a director, the plaintiff's attorney will not believe you, but coming from another lawyer, he might. Gather any paperwork showing corporate minutes of when you were appointed as a director, if you can. Also getting advice from a local attorney on your personal rights is always adviseable, since they may just want to sue you personally once they find out the corporation is no longer...protect yourself. look for corporate litigators in your area, and have a couple consultations.
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