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Old 04-19-2002, 12:17 PM
LawnLad LawnLad is offline
LawnSite Senior Member
Join Date: Jan 2002
Location: Cleveland, Ohio
Posts: 738
You should consult with a lawyer - I can't answer your question from a legal point of view. However, I would say that if the employee of the company is just that, an employee, or agent of the company acting on their behalf, the employee is to some degree isolated - it's the company's responsibility, not the employees to pay you. If the employee acted outside of his "jurisdiction" as an employee - you still have a suit against the company for work rendered and then the employer would have to go after their employee.

Saying that - you could attach the employees name to the suit - but it will most likely be dismissed with a simple rebuttle by the company's counsel. You can name everyone in the world onto your suit - it could work for you in that they may negotiate a settlement if you'd take it - or it could just inflame things so that they want to fight you more.

Bottom line - consult an attorney. By the way - how much money are we talking about? Over $10,000? If you're less than a couple of grand and it's small claims court - that's one thing. If you've got to goto civil court for anything over the small claims limit - have fun with attorney fees. Get an attorney that will work on a contingency fee assuming there is enough money in the deal and the fight on your hands in winnable.
Lawn Lad, Inc.
Cleveland, Ohio
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