I work in a office & part of my job is I file rate agreements between my company and clients. My duties also include many other activities that is regulated by the federal government. I try to be as careful as possible but I am new so I'm sure I've made mistakes. My work is also overseen by a manager.
My question is if I were to make mistakes that caused an audit and/or fines by the government could my employer take me to court to get their losses back?
I don't know all the specifics, but generally, there is no personal liability for mere mistakes.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Whether they could come after you for money they were supposed to get would be a factor of whether you engaged in criminal, egregious or intentional behavior to deprive them of that money. The answer is that under certain circumstances they can. If you're not qualified to do the job you're in, then you better get qualified quickly. At some point the "I didn't know" excuse loses its power and "you should have known" takes over.
Since these are regulated activities, then you better look up all the procedures and regulations to figure out what you are supposed to be doing.
This does not constitute legal advice or the engagement of my services as an attorney.
Generally no. It could result is you being terminated but a mere mistake does not entitle an employer to recovery rights against the employer. If there was theft involved or a deliberate attempt to sabotage the company that would be a different story.
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The law generally makes the employer responsible for the employee, because it is a master-servant relationship. This form of liability is called "respondeat superior" liability, which means the master is liable for the servant. While it is possible for an employer to sue an employee, this right is limited by the courts because the law does not permit "reverse respondeat superior" liability.
You are not responsible for ordinary and reasonably mistakes however, you are responsible for gross negligence, intentional criminal acts such as fraud, deceit, misrepresentations, forgery etc.
Under NY Agency and Partnership Laws, an employer is also vicariously liable for employees' acts committed during the scope of work if there is an employer-employee relationship meaning some sort of control over the employee, assent, and benefit.
If third party sues your employer because of your intentional and deliberate criminal acts, employer may also sue you for contribution or indemnification for damages he had to pay to the third party.
Any answers posted on this website are for informational purposes only, not as legal advice as to a specific situation, and do not create an attorney-client relationship. www.caglarlaw.com
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