Legal Position of Maintenance Employees in Companies Accused of Illegal Activities
Question:
I was recently hired in a corporate company and work in the maintenance department. The company was recently shut down due to illegal activities that I had no involvement in. Am I legally safe? I don’t want to go to prison.
Answer:
Individual Liability vs Corporate Liability:
Corporate Entity: Companies are treated as separate legal entities. Typically, criminal charges for illegal activities are brought against the company or specific individuals who are responsible for those activities.
Vicarious Liability: In general, employees are not liable for their employer's illegal activities unless they participated in or facilitated those activities.
Maintenance Department Employees:
Lack of Involvement: If you were not involved in the illegal activities, there is generally less likelihood of facing criminal charges. Your role in the maintenance department does not automatically make you a party to the company’s illegal actions.
Proof of Non-Participation: Documentation and any evidence that can prove your non-involvement may be beneficial in asserting your lack of liability.
Precautionary Steps:
Legal Advice: Consult an attorney to understand the implications of the company's illegal activities on your employment and personal legal standing.
Cooperation: Cooperate fully with any investigations. This may include providing statements or other evidence that shows you were not involved in any illegal activities.
Witness Protection: If the case is severe and there is risk of retaliation for cooperating with authorities, you may consider applying for witness protection.
Conclusion:
While you generally should not be held liable for illegal activities of your employer that you did not participate in, the legal process can be complex and it's advisable to consult an attorney for specific advice tailored to your circumstances.
Disclaimer:
This article is for informational purposes only and should not be construed as legal advice. It's advisable to consult with a qualified attorney for personalized legal guidance.