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My husband owns a cleaning business but he has a drug

Customer Question
My husband owns a...

My husband owns a cleaning business but he has a drug problem. All the employees know he smokes weed. I am listed as a member of the llc as 1 % owner so that I can ask questions to banks and things about the business cuz I do the accounting. If my husband is high while driving the company vehicle and he injures or kills an employee in an accident, can I be held liable for that

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

?

Lawyer's Assistant: Has anything been officially filed? If so, what?

Illinois

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have llc filing in Illinois with the Secretary of State.

Submitted: 3 months ago.Category: Legal
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Answered in 2 hours by:
3/16/2018
Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 976
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am sorry you are dealing with this situation. The fact that you asked the question highlights the potential liability you could have - that you know this is a risk. That said, with an LLC the purpose of creation of that entity is to insulate the members from personal liability and to make the company primarily liable for all injuries or liabilities of the entity. Assuming your husband is driving a company vehicle for company business and in involved an accident, the LLC would be primarily liable and anyone seeking damages would look to the company and its insurance coverage. But, if a lawsuit is filed, you could expect that any plaintiff's lawyer would name the LLC, its insurance company, your husband and any other members of the LLC. The argument for including you would be that the court should disregard the corporate entity and treat the members as liable. Whether a court will do that is based on a number of factors, but boils down to how well you separated your personal business from the company business (separate bank accounts, separate phones, separate accounts, didn't use company assets for personal use, etc.). The law provides a mechanism for "piercing the corporate veil" to hold individuals liable for the actions of the corporate entity if the court (or a jury) determines that the individuals were using the corporation essentially as their alter ego(s). I know that does not provide a definitive answer to your question, but I hope it is helpful.

If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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