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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hi, I was employee for company. One year ago, company terminated

Customer Question

I was employee for company. One year ago, company terminated front desk employee. I was manager and I gave recommendation to company to terminate this person, because employee did some violation at work. Few days ago, I received some court documentation that employee who was terminated before sue company and me. What Should I do? Court document shows I have to respond in writing within 30 days. We located in San Francisco, CA.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What are you being sued for?
Customer: replied 5 years ago.
Previously employee sue me and company for wrong termination. I was employee for company and received W-2 form
Expert:  Joseph replied 5 years ago.
Is the employee alleging that the wrongful termination was due to discrimination or for another reason?
Customer: replied 5 years ago.
Employee mentioned everything included discrimination. MY question is that i should be protected by company, because I was company employee.
Expert:  Joseph replied 5 years ago.
Unfortunately, you can be personally liable for discrimination even though you were an employee of the company.

Still, the employee would need to prove that you actually discriminated against the employee, rather than just informing management that the employee committed violations, and was terminated as a result of misconduct.

Additionally, the employee is unlikely to pursue you for damages, since the company is the 'deep pocket' defendnant and has the resources to potentially settle the suit if there is any merit to it.

That said, I would still suggest that you caontact a local attorney to discuss the case, and if you need assistance in filing an answer to the complaint.

You can find an attorney online here:
Customer: replied 5 years ago.
Hi, Joseph.

Should I writing respond within 30 days? Company attorney sent me email that he will file respond on my behalf too.
Expert:  Joseph replied 5 years ago.
As long as the company attorney will respond on your behalf, then it wouldn't be necessary for you to file a separate response, but you should check with him to ensure that he does file a reply on your behalf.
Customer: replied 5 years ago.
How this work. I think I have to sign response document which company attorney will file for company and for me.
Expert:  Joseph replied 5 years ago.
Yes, you would have to sign a response document, or if the company attorney is also representing you, the attorney could sign it on your behalf.