Person who signed the contract....

Discussion in 'Business Operations' started by eggy, Apr 19, 2002.

  1. eggy

    eggy LawnSite Senior Member
    Posts: 932

    I have been having no luck in my legal battle with a local company and was wondering if I should go after the company employee who signed the contract? His signature is on the contract..... sue him personally?
     
  2. LawnLad

    LawnLad LawnSite Senior Member
    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.
     
  3. eggy

    eggy LawnSite Senior Member
    Posts: 932

    Its for 2500.00 . It has been in and out of court. I won a judgment due to a no show, then they filed to have it overturned. It is a sad thing when you perform a great service and then a buisness does this to you.
     
  4. BRL

    BRL LawnSite Bronze Member
    Posts: 1,211

    "It is a sad thing when you perform a great service and then a buisness does this to you."

    So true. Good luck with your situation. Though it's difficult, try not to let it affect your whole business & life in general. Life will go on.
     

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