Could Your Boss Sue YOU for Damages at Work?

In California, the answer is simply YES, anyone can sue anyone in basic terms. However, the bigger issue is would your boss be able to win a case against you for negligence?

First, you have to address the issue of a “proper plaintiff.” Your supervisor who has no ownership in the company, can not sue you for damages that he has not actually incurred. If your boss is a part or full owner, and your actions at work resulted in losses for the company then they would be a correct plaintiff and could rightfully sue you for damages.

Second, your employer would have to prove to the court, that when you began the task, which resulted in the damage, you agreed to take on the responsibility of damages caused while you were working. This issue may be the end of it, as you the employee are protected under Labor Code 2802. This likely makes and assumption of responsibility on your part, illegal, and therefore the company would have no case.
The most important thing to know here is, if you actually intended to cause damage to your employer in anyway, and they can prove it you can be held accountable.
If your employer either, current or former, is attempting to make you pay for any type of damages that occurred while you were on the job, you need to speak with an attorney before you do anything else. Don’t just assume that because they are more powerful as a company, that you have to pay up or risk being fired or sued.
United Employees Law Group should be your FIRST CALL. The call is free and confidential, and if we can take your case there is no fee unless we collect on your behalf. California law also provides that you can recover any legal fees when dealing with an employment matter. So You Have Nothing To Loose! CALL TODAY, GET THE HELP YOU NEED!

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Are you aware of how you can be taxed on severance payments? The termination of your employment makes a significant difference.The sixth circuit court, in the case of United States vs. Quality Stores, decided that severance payments made to involuntarily terminated employees due to layoffs or reduction in workforce are not to be considered wages and therefore not to be taxed for the purposes of FICA.

However this decision is in direct conflict withCSX Corp. v. United States, 518 F.3d 1328, 1344 (Fed. Cir. 2008), where the decision was in favor of the United States and made the assertion that these payments were in fact wages and as such should be taxed accordingly.

We should expect to see a request made by the government for a rehearing or petition for certiorari to the Supreme Court.

The payments at issue were “supplemental unemployment compensation benefits” (SUB payments), which are defined in the Internal Revenue Code as payments that are:

• Paid to an employee
• Paid pursuant to an employer plan
• Paid as the result of an employee’s involuntary separation from employment
• Paid as the result of a reduction in force, the discontinuance of a plant or operation, or other similar conditions, and includible in the employee’s gross income.

For income tax withholding purposes, SUB payments are not treated as “wages,” but nevertheless are made subject to income tax withholding. However, for FICA tax purposes, the Internal Revenue Code does not explicitly address whether SUB payments are “wages” or are otherwise subject to FICA taxes.

Although employers outside the Sixth Circuit should continue to withhold FICA taxes from similar SUB payments, they may be advised to consider filing protective claims for refunds of the FICA taxes withheld to preserve the statute of limitations.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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