Legal Question in Employment Law in North Carolina

Can the GM be held liable in an ''Off the clock'' lawsuit?

I was the general manger of a nightclub that has an ''Off the clock'' lawsuit coming up. Is there anyway that I might be held liable for anything personally? I haven't worked for this company in over a year.

Asked on 4/14/03, 9:43 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Can the GM be held liable in an ''Off the clock'' lawsuit?

You may want to consult a lawyer if you believe you may be sued, and certainly contact one if you are sued. Assuming that you are talking about a regular civil suit (i.e. not a suit or proceeding by a state agency), then it would seem that you would have little or no exposure, assuming either that you had no active role in the offensive practices, or if you were following orders. If you were following orders and were somehow held liable, you may have an indemnity claim against your employer. (You also may be covered under the employer's liability policy, if any.) If, on the other hand, if you were responsible for this "off the clock," then you may have tremendous exposure. Regarding the timing issue, the more relevant inquiry (i.e. more relevant than the fact that you last worked there 1+ years ago) is whether the offensive conduct occurred "on you watch," i.e. when you were working there. Also, you could, of course, be an important witness in the case, depending on your knowledge of the facts and participation in the activities. You may want to consult a lawyer.

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Answered on 4/16/03, 9:27 pm

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