can an employee be sued???!!!

Tennessee,..Just over a year ago I worked as construction worker for 2 friends that had just started up thier own construction company doing home remodeling,..all they had was a buisness card and a newspaper ad,.....the 2 of them owned the company and I was paid by the hour as an employee,...I never saw, touched or read one single contract ever,..and my name was on nothing!,.. We did a remodel for an absolute lunatic,..that at one point litterally attacked one of my 2 bosses and we all had no choice but to leave the job!,...NOW I have recieved a warrant to go to court,,saying that I am included in the breach of contract lawsuit!!!!!,...I have never been anything but an employee of thier company,**************DO I HAVE ANYTHING TO WORRY ABOUT?????!!!!!!PLEASE HELP????? Chet In Tennessee

Was the company licensed by the State of Tennessee to do construction work? If all they had was a business card and a newspaper ad, then what they were doing was probably illegal.

I'd talk to an attorney. You very well could be in trouble. Did the boss who was attacked by the lunatic file a police report? If not, he could have been concerned that someone would discover he was operating without a license.

chetthompson said:

DO I HAVE ANYTHING TO WORRY ABOUT?

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First, ignore the other post as it has absolutely no accuracy or relevance at all.

Yes.... you COULD have something to worry about... for example if you don't show up, then the plaintiff will get a judgment against you.
Show up at the time/date and tell the court the facts. If accurate, I doubt that a judgment would be rendered against you as an employee.
Or, if you have any legal background, you could file a motion for summary dismissal with an affidavit of fact (as to your not being a principal of the contractor).

NOW I have recieved a warrant to go to court,,saying that I am included in the breach of contract lawsuit!!!!!,...

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Did you receive a copy of a lawsuit with a paper saying you have X number of days to respond? Or did you get a notice to APPEAR in court on a certain date and time? Or is it a Deposition Notice?

It's important that you understand what you have been served with so that you respond appropriately.

I recieved a warrant to be in court next month,the case was already postponed twice,the last time,was because they decided to include me as well as the 2 owners,... my boss who was physically attacked not only filed a report ,..but had her arrested,..an i was a witness to the attack for the state of Tennessee,..(along with 3 other people).when it came to trial,(her criminal trial) it was dismissed because of her lying through her teeth to the judge,..(long story) as far as being licensed or insured,i'm not sure if tennesse requires it or not,..but again,..I had NO CONTROL over any of that,..I was paid $12.00 an hour cash at the end of each week,..and never wrote a contract,saw a contract,signed a contract,..or even had a discussion with the homeowners about money,timeframe,details,.anything at all!!!,..to this day,..I have NO IDEA how much they charged her,,,or were paid! I showed up when they told me to,..did was i was told to do,..and left when they said to,...,....Please tell me more about filing a motion for summary dismissal,.....THANKS!!!!!!!!!!!!!!!

I agree with JETX. Ordinarily an employee is not liable for his employer's contracts. There would have to be unusual circumstances for that to happen. From what you posted, it doesn't sound like you would be liable.

What does the Complaint say about you being liable? Does it just list the same reasons that the other defendant's are liable (e.g. work was not performed pursuant to the contract) or are there special reasons listed (e.g. that you share in the company's profits, make managerial decisions, hold yourself out as an owner, and that you should be legally deemed a partner with the other 2 guys)? It could be that the plaintiff is shooting in the dark and has no idea what your role was in the business, or maybe she has a legitimate argument. Is she represented by a lawyer or is she doing this herself?

Trials are for the purpose of finding facts. When no facts are disputed, then there is no need for a trial since a judge can simply make a legal ruling on the undisputed facts immediately. A motion for summary judgment asks the judge to do exactly that -- to make an immediate ruling when there are no undisputed facts. You may get one granted in your case if you point out that you were merely your co-defendant's employee, that you were not a party to the contract, and that you should be dismissed as a defendant from the lawsuit.

the cival warrant I recieved is very vauge,...all it says is this:
the parties entered a contract to renovate th Plaintiffs residence and the Plaintiffs seek claims from th Defendants for breach of contract for failure to perform,faulty workmanship,and any other damages to which they are entitled.
all in an amount under $25,000.00
word for word,...thats all it says,....
Thanks for yor help!
p.s,..she has a lawyer,....the same one who represented her in her criminal case,...
p.p.s. my court date is next month,..must i file this motion for summary judgement before the court date,...or can i simply tell the judge that day my situation????

Translation:

We did some work.

We want to get paid for our work.

We did $25,000 worth of work.

chetthompson said:

the cival warrant I recieved is very vauge,...all it says is this:
the parties entered a contract to renovate th Plaintiffs residence and the Plaintiffs seek claims from th Defendants for breach of contract for failure to perform,faulty workmanship,and any other damages to which they are entitled.
all in an amount under $25,000.00
word for word,...thats all it says,....
Thanks for yor help!
p.s,..she has a lawyer,....the same one who represented her in her criminal case,...
p.p.s. my court date is next month,..must i file this motion for summary judgement before the court date,...or can i simply tell the judge that day my situation????

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It sounds like she doesn't know what your role was in the company. You can wait for the court date and defend yourself then, or you can file the motion immediately and if the judge grants the motion you won't need to go to court. My advice: Hire an attorney.

how do i file a motion for summary dismissal?

I am a single dad just getting by,..I can't afford a lawyer,...how can I file a motion for summary dismisal on my own????,...what are the cost???

chetthompson said:

I am a single dad just getting by,..I can't afford a lawyer,...how can I file a motion for summary dismisal on my own????,...what are the cost???

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Call the plaintiff's attorney and explain that you were simply an employee, that you were not an owner or partner in the company, that you were not a party to the contract, and that you should obviously not be a party in the lawsuit. Ask the lawyer to voluntarily dismiss you from the lawsuit. There is probably only a very, very small chance that would work, but it's worth a shot.

As for the MSJ, that will be tough to draft by yourself. You'll need to be somewhat familiar with the rules of civil procedure. Look at rule 56 at this website: http://www.tsc.state.tn.us/opinions/TSC/RULES/TNRulesOfCourt/02civp.htm Drafting a MSJ will be daunting and difficult for a layman. Good luck!

Did you file your answer yet?

Iv'e never sued or been sued in court before,...I didn't even know i had to file an answer,....how do I do that????
P.s. the lawyer should be well aware that I was just an emploee,He asked me who worked for who,at her criminal assault case,....I am almost certain the plaintiffs and thier lawyer know I was JUST an emploee,...Thats what has me worried as to why they think they can include me in all this!?!?

chetthompson said:

Iv'e never sued or been sued in court before,...I didn't even know i had to file an answer,....how do I do that????

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Okay, first and foremost: What court are you being sued in? If it's the circuit or chancery court, then you must follow the rules in the link I provided (look at Rule 1).

Rule 12 states that an answer must be served within 30 days of being served with the complaint and summons.

As I alluded to earlier, you're in over your head. You could end up losing just because you didn't follow proper procedure.

thanks to everyone for thier help,...I didn't feel so bad at first,..but the more I know,..the more i find out i don't know!!!,... I can't aford a lawyer,...and i don't understand this process ,....I'm just a simple man thats not very booksmart,hell i don't even have a highschool diploma,....the only thing i can do is plead my case to the judge that day,...and hope that the facts of the case prevail,.....any and all input,..has been greatly appreciated,.thank you

chetthompson said:

thanks to everyone for thier help,...I didn't feel so bad at first,..but the more I know,..the more i find out i don't know!!!,... I can't aford a lawyer,...and i don't understand this process ,....I'm just a simple man thats not very booksmart,hell i don't even have a highschool diploma,....the only thing i can do is plead my case to the judge that day,...and hope that the facts of the case prevail,.....any and all input,..has been greatly appreciated,.thank you

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If I were you, I'd file an answer before 30 days. It's possible that the judge will award the plaintiff with a default judgment against you prior to your court date if you don't file an answer. That is a headache you don't want to deal with.

Your answer should look similar to the complaint that you received, but it denies what the complaint asserts. So your answer should deny that you breached a contract, that you did crappy work, etc. Deny it all. Usually a judge will accept an answer that is not compliant with the generally accepted form if the defendant is acting as his own attorney (at least it's that way where I'm from). Judges do give leeway to people like you. But they may not excuse you completely ignoring things.