Can the boss pay for me if I get sued while working for him?

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Can the boss pay for me if I get sued while working for him?

Let’s say that my new boss wanted me to sign a contract that states that I’m responsible for my own insurances and accidents. However, is there a law or contract that could protect me from getting sued while working for him? For example, if I was a hairstylist and I accidentally cut their ear and they wanted to sue. Is there a law that says the boss has to pay instead because we are his workers?

Asked on August 8, 2018 under Employment Labor Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer is liable for the negligence of an employee which occurs during the course and scope of employment.
For example, as you mentioned, a hairstylist who accidentally (negligently) cuts a customer's ear.  
However, if the act (cutting a customer's ear) was intentional, it is considered to be outside the scope of employment, and the employee is liable instead of the employer.
Also, if you are an independent contractor instead of an employee, then you are personally liable for your negligent act. The employer is not liable.
Regarding your example of the hairstylist, the hairstylist may be an independent contractor instead of an employee. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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