Legal Question in Employment Law in California

Can a employee be sued If its company did not pay a vendor?

I ( a employee) of a relocation company authorized a 3rd party vendor to

transport a auto and Boat. I put this cost and as a 3rd party service on our

companies estimate / order for service document. We had a PO from the

shippers co. to pay the bill. They paid our company but our company did not

pay the 3rd party vendor. Now the 3rd party is suing me because I authorized

theie service. Can I be resposible as an employee? and will the court render

judgement against me. The total is $2450.


Asked on 10/24/05, 2:25 am

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: Can a employee be sued If its company did not pay a vendor?

The Labor Code provides that employees are "indemnified" for expenses incurred during the performance of their jobs. Courts have held that this extends not only to judgments against the employee who is working within the "course and scope" of your job responsibilities. The third party should really be suing your employer, not you.

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Answered on 10/26/05, 2:44 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can a employee be sued If its company did not pay a vendor?

it all depends on the classification of your employment with the company. meaning, if you are a higher level employer (i.e. an officer, director, management, agent, etc..) you could have potential personal liability. however, if you are a normal, "everyday" employee, then you cannot be personally sued for your company's failure to pay an alleged debt. if you would like further assistance, contact us today.

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Answered on 10/26/05, 5:53 pm


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