Legal Question in Business Law in California

Am I legally responsible to pay a lawsuit for un-lawfull termination?

I work for a large corp. I was told by my Manager to terminate an employee under my supervision. Now the employee is suing the company for un-lawfull termination and me personnally for abuse and distress.

I have documentation on his bad work habits for the last two years.

My company informs me not to worry and it will be taken care of. If this employee wins in court, am I obligated to pay or is my company obligated to pay?

I don't have that ''warm & fuzzy'' feeling from my company.


Asked on 8/22/01, 11:15 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Am I legally responsible to pay a lawsuit for un-lawfull termination?

Although it is possible that you could be personally liable, clearly, it is in the plaintiff's interest to go after the deeper pocket employer. They are responsible for your behavior because you were instructed to perform the complained of conduct, and the doctrine of "respondeat superior" or the superior is responsible for the conduct of its employees in the course and scope of their employment. As you can see, however, you being the one who perpetrated the termination, could be held responsible, but indemnified by your employer.

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Answered on 8/23/01, 6:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Am I legally responsible to pay a lawsuit for un-lawfull termination?

I agree with the previous reply. I would like to add that the employer is not responsible for your conduct only when you deviate from authorized conduct to a fairly substantial degree. If you punched the departing employee in the nose, it's probably better than 50-50 you would be the only responsible party, but even then it's not a sure thing the employer is off the hook.

You may be named as a co-defendant, not because the plaintiff expects to collect damages from you, but because they want you as a party to subject you to questioning and in the expectation you may help them in laying blame on the company.

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Answered on 8/23/01, 7:50 pm


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