Legal Question in Business Law in California

I got cited for solicitation while being an employee for a promotions company, if I quit is the company still required to take on any fines?


Asked on 8/07/13, 8:43 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The company doesn't have to pay the fines whether you quit or not. There's no good reason why it should. And unless there's something unusual about your employment arrangement, the company would be well within its rights to fire you over this.

You shouldn't count on merely being fined. That's probably all that will happen if you have no priors, but you could end up behind bars if you have a record -- or if you try to represent yourself and mess up your defense. Just as the company won't have to pay your fines, it also won't have to do your jail time.

You need to get a lawyer asap. And you need to understand that the company won't pay those bills for you either.

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Answered on 8/07/13, 11:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you can't afford a lawyer, the county will appoint a public defender to assist you, and that's the person you should ask about any possible indemnification your employer owes you. While I somewhat agree with Mr. Hoffman that it's unlikely the company was ever "required" to pay your fines, but if you were doing something that was illegal in the course and scope of your employment, the company might also have to pay a fine.

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Answered on 8/08/13, 8:08 am
Terry A. Nelson Nelson & Lawless

They aren't 'required' now, or then, to pay your defense costs, your fines or serve any time you may be sentenced to. It is YOU that is charged with a crime, not them.

If the company does not provide you an attorney, and I doubt they will, then hire a criminal defense attorney. If you can't afford one, then apply for the Public Defender at your first court appearance.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 8/08/13, 10:37 am
Edward Hoffman Law Offices of Edward A. Hoffman

I disagree with Mr. Whipple (which doesn't happen often) about your employer's liability. What he said would be true in a civil case. But criminal cases work quite differently.

Employers are often liable civilly for torts their employees commit in the course and scope of their duties, even if the specific wrongful act was not part of those duties. So if, say, a cashier beats up a customer while ringing up her purchase, the company would probably be liable for the resulting harm. But it would not also be criminally liable. The cashier could be prosecuted for assault and battery and might be jailed or fined, but the company could not be prosecuted and would not have to absorb the employee's punishment.

The result might be different if the company ordered the employee to commit the crime, at least under some unusual circumstances. But I very much doubt your employer ordered you to commit solicitation. Even if you were on duty when it happened, it wasn't the company's responsibility.

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Answered on 8/08/13, 12:33 pm


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