manager being sued by former employee

What is the name of your state? California

I am being personally being sued for wrongful termination by a former employee, she is also suing my former boss for wrongful termination and sexual harassment. The company is out of business and the owner has been dismissed from the case because he filled bankruptcy. I only supervised this employee for 3 months and had cause to fire her. I feel caught in the middle because of the harassment accusations against my manager, without these there would be no case.

I have been told that in California managers are not personally liable for any decisions made in the course and scope of employment. Is this correct? Also if so what would be the best way to get myself removed from the case. The plaintiff’s lawyer told me in a phone conversation that he was going to advise for my dismissal but now doesn’t seem to want to probably because I am currently representing myself.

Thanks

Unless CA law specifically says otherwise, while it is not impossible for a manager to be held personally liable for employment decisions, it is unusual. You really should have your own lawyer to look out for your interests.

Just out of curiousity, what was the reason she was fired, and what is she claiming?

She was fired because of poor job performance and attitude as a manager. She had fights, customer complaints, and after she was let go I doubled the sales in one month for the location.

Basically she claims that she was fired because she reported sexual harassment of an other employee.

Also I have been offered a settlement for $1500 without judgement. Is a laywer likely to cost more than that to get the case dropped?

Sorry, I have no idea what legal costs run in your state.

Do you have documentation of her poor performance and the fights? Was she warned about it? Were the customer complaints in writing and do you still have them?

I have the written warning I gave her but all the other documentation is probably gone. The owner says he doesn't have anything. There were warnings before I started, but she seems to have been kept as an employee because it was easier than finding someone else at the time. I have access to witnesses for the fight and complaints.

As long as you can provide some form of proof that there were performance issues, you should be fine even if it does come to a suit (which is unlikely). But this is why it's so crucial to document EVERYTHING. The more paper you have to show backing up the termination, the less likely it is that the employee would prevail in a suit.

DID she report SH? And if so, what was the result of the investigation?

The SH against her she didn't report untill after she was let go. The SH she reported on behalf of an other employee, right when she was about to be fired, was resolved and that employee did not want to be involved in this suit according to the plaintiffs lawyer.

brw, if someone has filed suit against you, you need to consult with an employment law attorney NOW. Nor should you enter into any negotations with the plantiff's attorney without the benefit of legal counsel of your own.