Arcadia, CA asked in Business Law and Employment Law for California

Q: Can an employee file a lawsuit against the owner personally instead of the business?

Received a letter from an attorney this morning and was wondering if it's possible for an employee who I owe back wage to, to file a lawsuit against the owner instead of the business?

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There are several ways an employee can sue the owner of a business. While the general rule is that the business is primarily liable for many of the claims an employee can make, there are several ways an owner who either engages in certain acts of harassment, or who has discretionary control over how employees are paid can be made personally liable, in addition to the standard method of establishing that the owner is liable under a theory of alter ego.

It would be wise for you to immediately consult with and retain competent defense counsel to assist you.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.