Legal Question in Employment Law in California

employer suing employee for damages

My husband was hired by the company thet provides handyman services, as employee to work under their contractors license, since he doesn't have his own contractors license. He was paid 40% of the total of the contract, with taxes withheld by the employer.

After the completion of one of the jobs, my husbands employer refused to pay his wages, stating that the client is ''not happy'' with the work, however the client paid in full after the completion of the job. My husband sued his employer thru the Small Claim court for the unpaid wages. The employeer countersued my husband, stating that it took him $5,000 to redo the work my husband did in the client's house.

My question is:

1. Is it legal for the employer to sue the employee for the damages caused by his/her poor performance?

2. Isn't the employer covered for that kind of damages by the business insurance?

Thank you.


Asked on 9/29/01, 11:20 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: employer suing employee for damages

1. No.

2. I dont know what kind of insurance, if any, they have without reading the policy.

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Answered on 10/06/01, 5:17 am


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