Sacramento, CA asked in Employment Law for California

Q: As a former Director for a non profit, am I required to represent my former employer in a wage claim case

I was formerly the Executive Director. A staff member who quit while I was Director has filed a wage claim. I no longer work at the organization. Am I required to represent the organization in the wage claim?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are no longer associated with the entity, you have no responsibility to act on its behalf. If you have been named individually in the claim, however, you will need to defend yourself against the claims being made.

It would be wise for you to seek out specific advice on this issue. Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: As a former employee you don't work for them anymore, they have nothing to say about your life. As Neil said, if you were individually sued, you need to be represented. The Employer is obligated to provide you, your very own attorney, called "Cumis" counsel and pay for them. You need to demand, or have the attorney you want for Cumis counsel demand, that they do this. If necessary, your Cumis counsel can get a court order. Remember, the company and you may have divergent agendas and different interests, so having your own attorney is a good idea.

If you were not named in the suit, you may actually be an Expert witness and be able to demand that your former employer pay you for your time assisting them to defend the case ! This is a pretty creative idea so don't expect anyone to jump at the chance. Normally Subpoenaed witnesses get $35 a day, which is ok if you work at a car wash, but not for executive directors. You should negotiate witness fees and expenses with anyone who wants you to testify about the case.

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