work. comp. hearing

[Hudson]

I worked for my father in law for 2 years in New York State as President of his rest. corp. I then resigned my position and left the company. Two years later he passed away and we found out he never filed my resignation papers with the corp. There is now a workmans comp. suit against the company and I am named to represent the corp. in this matter as President. The problem being the company let there work. comp. insurance lapse and were not covered for this. What am I responsible for in this matter and where does it fall on his 5 children. If I wasn't being named Pres. would this fall to them and hold them responsible??

 

[Attorney_Replogle]

The bottom line is that for a little while you personally are going to have to be involved in this lawsuit. Of course you know that you should hire your own attorney to help you with this matter. Anyhow, I am presuming that what you want is to let the plaintiff (and the whole world) know that you resigned as President over two years ago. That you properly submitted the resignation papers timely. Plus, from that time onward you have not acted in any way as the President of that corporation.

It is unknown why the Board of Directors of that corporation have failed to approve of your resignation and appoint another officer to take your place. One could hazard a guess and say that the reason is due to the fact that the corporation failed to function as a lawful corporation by holding regular board meetings, etc. If the plaintiff and or you show that this was the case, then the plaintiff may well be able to hold the owners of the corporation personally liable for his injuries.

I hope this helps as a short summarization of what may take place.

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Mark B. Replogle