QUESTION

Will I be dismissed as a defendant in a small claims case filed against an employer that failed to fulfill an order for their client?

Asked on Nov 19th, 2013 on Civil Litigation - Oklahoma
More details to this question:
I received a summons for a small claims case filed last week. I'm listed as a defendant in this claim along with the owner of the business. I was hired for two days to take orders and give receipts at an event (over 2 years ago) while the owner took pictures for it. After talking to the owner, the customer didn't get their order and he's had difficulty getting it to them for some reason over 2 years but is still attempting supposedly (I have nor never have had any access to this order, so I can't just send it myself). He thought I would probably be dismissed after he told the judge I was only temporary help and had nothing to do with this, but I'm worried about how true that actually is and what I need to do in the mean time (6 weeks away). I'm not even sure how I'm included in this unless its because I signed the receipt showing I accepted the money? The summons has him and myself listed as "dba 'Company Name' " .. Thanks for any help..
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I assume, since you were taking the money on behalf of the business, you signed the receipt on its behalf, and not on your own.  For example, the receipt should have read something like "John Doe, sales clerk, ABC Company" or "ABC Co. by John Doe."  If all you did was sign that you received the money, you are indicating that you, personally, and not your boss or your boss' business, were being paid for your services. However, if the receipt does not indicate that you, personally, took money and promised to deliver the order, you should not have any liability for these claims.  You are not an owner of the business (I assume the business  was not a separate legal entity like a corporation, or else only the business entity, not either of the two of you, would be liable), and it doesn't seem like you committed any torts, like fraud, for which you could be individually liable.  However, you can't count on someone else to explain your role in this matter.  What if the customer claims that you lied to hiim/her by promising that he/she would get the order while knowing that he/she never would?  That would be a fraud, for which you could be personally liable.  You need to go to Court yourself to tell your side of the story.
Answered on Nov 19th, 2013 at 4:23 PM

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