"a" <a@a.com> wrote in message news:pan.2004.03.10.21.36.39.301467@a.com...
I've just been offered a liaison position to advise a project and the
company on the direction of the project. My question is, am I liable for
the advice I give? I don't believe I would offer bad advice, but on the
chance the project fails, can the company go after me for the failure of
the project? Please advise.
Theoretically, anybody can be sued for their negligence. That includes an
employer suing an employee for negligence. But it doesn't happen in real
life for two reasons. First, any such case would be taken to a jury
consisting of employees who will be outraged at the idea that an employee
can be sued by the employer for a mistake.
Second, states have laws requiring indemnification. Maybe all states, I
don't know. Here is Minnesota's version:
"181.970 Employee indemnification.
Subdivision 1. Indemnification required. An employer
shall defend and indemnify its employee for civil damages,
penalties, or fines claimed or levied against the employee,
provided that the employee:
(1) was acting in the performance of the duties of the
employee's position;
(2) was not guilty of intentional misconduct, willful
neglect of the duties of the employee's position, or bad faith;
and
(3) has not been indemnified by another person for the same
damages, penalties, or fines."
But if you are being hired as an independent contractor, the risk increases.
You could try to negotiate an indemnification clause and a waiver of
liability clause. And/or buy professional liability insurance.
McGyver
