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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Dismissal of Case with Prejudice - Can I Still Be Liable

    My question involves labor and employment law for the state of: CA and NJ.
    My location: CA
    Recruiter's location: CA
    My ex employer's location: NJ


    My ex employer sued me and my recruiter for whatever the reason. When they sent us the summons it had only one docket number and the case was filled against me and my recruiter together. While I negotiated the case with my old employer for $$$ my vendor sent my ex employer an answer with a cross claim to me.

    My ex employer is dismissing the case against me with prejudice. However I am not sure if my recruiter's answer involving me as a cross claim can affect me anyway? I am also wondering when my ex employer dismisses the case against me, does that also mean it automatically dismisses the joint case against my recruiter?

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Dismissal of Case with Prejudice - Can I Still Be Liable

    Quote Quoting shjakjuly
    View Post
    My question involves labor and employment law for the state of: CA and NJ.
    My location: CA
    Recruiter's location: CA
    My ex employer's location: NJ


    My ex employer sued me and my recruiter for whatever the reason. When they sent us the summons it had only one docket number and the case was filled against me and my recruiter together. While I negotiated the case with my old employer for $$$ my vendor sent my ex employer an answer with a cross claim to me.

    My ex employer is dismissing the case against me with prejudice. However I am not sure if my recruiter's answer involving me as a cross claim can affect me anyway? I am also wondering when my ex employer dismisses the case against me, does that also mean it automatically dismisses the joint case against my recruiter?
    I'm lost. I get the recruiter part, but what is a vendor and how does he fit in here?

    If the suit is dismissed with prejudice, you and your recruiter will be finished with it. I just didn't see who this vendor is or how he fits in. Is vendor and recruiter the same party?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,025

    Default Re: Dismissal of Case with Prejudice - Can I Still Be Liable

    You employer sued you, "Ex-Employee and Recruiter owe me money." Your recruiter then filed a cross-claim against you, "If I owe Ex-Employer money, Ex-Employee is legally obligated to pay me back. The fact that the employer is no longer trying to directly recover money from you doesn't, of itself, mean that the recruiter's claim for indemnification by you is no longer pending.

    Don't you have a lawyer working on your case?

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