Can an Investor sue an employee for losses from a failed start up company?

Asked about 3 years ago - Saint Paul, MN

I worked for a international start up company. I had no ownership in this company and it has since gone out of business. An investor in the company is suing the company, and the ceo to recover a lost investment. The investor subpeoned the bank records and saw I was paid some money and is now suing me for this money. I don't have any money to defend myself and almost think this is harrassement and or frivolous. What are my options?

Attorney answers (1)

  1. Robert Douglas Kane Jr

    Contributor Level 13

    Answered . An investor can sue an employee for damages, but whether the investor would be successful would depend on the facts. There would have to be some unique set of circumstances for the investor to prevail. If the company was properly formed an properly operated I find it unlikely the investor would be awarded any compensation from the employee, unless the payments to the employee were clearly improper or even fraudulant. You did not mention what the payments were for, if they were for wages you should be in good shape. Unfortunately, you will have to properly defend yourself if you are named in the suit. Perhaps the company will foot the attorney fees. Since employee was not involved until after the discovery of the payments, it does not appear that it would be frivolous or harrassment.

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