I'm being sued individually and as an employee

[Effiejo]

What is the name of your state (only U.S. law)?KY. I was the HR manager of a call center that closed in April of 09. I was notified today that I am being sued individually and as an employee of the company (the company and a supervisor are named as well) by a former employee for wrongful termination. The company's HR manager told me that the corporate attorneys will handle this but I am concerned. The corporate office (located in Ohio) who was also named in the lawsuit haven't received their notification yet. My documents tell me I have 20 days to submit a written response or I could get a default judgement against me. Should I retain my own attorney? How will I know what the corporate attorney does and can I trust them to protect me now that I'm not an active employee?

 

[pattytx]

The corporation certainly should defend your for no charge, since you were acting in your authority "as agent" for the company. The fact that you no longer work there is (or should be) irrelevant.

However, if you have only 20 days to respond, get thee to an attorney ASAP, to see what your options are in the meantime. And, keep calling the company, every day if necessary, to see what they are going to do and when they are going to do it.

 

[JETX]

What is the name of your state (only U.S. law)?KY. I was the HR manager of a call center that closed in April of 09. I was notified today that I am being sued individually and as an employee of the company (the company and a supervisor are named as well) by a former employee for wrongful termination. The company's HR manager told me that the corporate attorneys will handle this but I am concerned.

Get it in writing that the company will INDEMNIFY you in this case.

My documents tell me I have 20 days to submit a written response or I could get a default judgement against me. Should I retain my own attorney?

If you really want to protect yourself, yes. Your attorney should draft a 'Motion to Dismiss' advising the court that you are not liable for actions taken in the normal conduct of your business.

How will I know what the corporate attorney does and can I trust them to protect me now that I'm not an active employee?

Ooops. Wish you had advised us earlier that you are NO longer employed with that company. Even more reason for you to have an attorney draft and file the motion.