How liable is a corporation for inappropriate actions of an employee acting in it's behalf?

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rodneycrater

How liable is a corporation for inappropriate actions of an employee acting in it's behalf?

Please answer in general but here is an example:

A telemarketer working for his corporation makes false promises to a called party. The first corporation has been hired / outsourced by a second corporate party. What would be the liability to the primary and secondary corporations? What if the first was owned by the second?

Batty

If you could get any of them to take responsibility for the dishonesty I would be surprised. I never have. The only time it happens, (as far as I can tell) is when the story has gone public and embarrassment will sometimes cause them to hang the lowest guy on the totem pole.

tracfordad

Fully. out of the 3 types of businesses sole proprietorship, partnerships and corporate. Corporate assumes full liability for it's employees' actions working in their behalf. It gives the employee limited liability but not the corp. That is in all 50 states and especially in some like Mass. A state may impose even tough parameters but may not conflict with Federal Law.

Knowitall

In the example you give, I think it would depend on the what the facts of the case are. Did the corporation coach the telemarketer to give misleading facts to the prospective customer? Or did the telemarketer mislead the customer on his own to increase the commision? In some telemarketing companies, the employees work as independent contractors just so the company can distance themselves from just this sort of thing. I know that in the case of an employee who cooks the books in order to defraud the government, both the employee and company are held responsible, even if the employee was instructed to do so by his/her employer.

alamahara

lol dude...what do you pay your lawyers for?! :) Hey...if you are making it good enough to be in bed with 2nd and 3rd corp's then you should have a lawyer working for you??? Good luck. Try a better screaning process upon hiring. j/k I hope it works out.

Billie Z

lol now if the corporation knows that it's a corp im sure they have good lawyers. If they didn't know they were an absolute Corp. And someone put there butt out there... their gonna need some no see waters. however also if the employee was mislead and not known it was an employee there would be some discrepencies in that as well.

cccccccccccccccccccc

If it came to litigation, I would contact a lawyer. But all involved would be sued if it came to that, because they are all affiliated. But the corporation with the deep pockets would have to end up paying out in the end, the employee would only be fired, especially if they only make about 8 dollars per hour, plus commission is not enough to pay for punitive damages/

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