OOPS, Could Your Boss Sue YOU for Negligence.
Could Your Boss Sue YOU for Damages at Work?
In California, the answer is simply YES, anyone can sue anyone in basic terms. However, the bigger issue is would your boss be able to win a case against you for negligence?
First, you have to address the issue of a “proper plaintiff.” Your supervisor who has no ownership in the company, can not sue you for damages that he has not actually incurred. If your boss is a part or full owner, and your actions at work resulted in losses for the company then they would be a correct plaintiff and could rightfully sue you for damages.
Second, your employer would have to prove to the court, that when you began the task, which resulted in the damage, you agreed to take on the responsibility of damages caused while you were working. This issue may be the end of it, as you the employee are protected under Labor Code 2802. This likely makes and assumption of responsibility on your part, illegal, and therefore the company would have no case.
The most important thing to know here is, if you actually intended to cause damage to your employer in anyway, and they can prove it you can be held accountable.
If your employer either, current or former, is attempting to make you pay for any type of damages that occurred while you were on the job, you need to speak with an attorney before you do anything else. Don’t just assume that because they are more powerful as a company, that you have to pay up or risk being fired or sued.
United Employees Law Group should be your FIRST CALL. The call is free and confidential, and if we can take your case there is no fee unless we collect on your behalf. California law also provides that you can recover any legal fees when dealing with an employment matter. So You Have Nothing To Loose! CALL TODAY, GET THE HELP YOU NEED!
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