ring, ring...

Not good. They may only think to sue your former employer at first. But, it won't be long until they realize they want to go after you, too.

Do not assume the former employer will shield you. Prepare to be treated poorly by both the former client and the former employer. It's all about assigning blame and having the money follow the blame.

I think all of the liability would be on the former company.

Stephen

> I think all of the liability would be on the former company.

That sure wouldn't be true in Texas. Doesn't North Carolina have rules that provide who is to sign and seal land surveying work and what the act of doing so means?

If there was an E&O policy, whether for the company or for the individual project, that should cover it. There might be a deductable (defendant pays first $Xk in legal fees before insurance kicks in). Or not.

If there was no E&O policy, seems like it lands pretty squarely on the surveyor who signed/stamped. If, that is, the problem was a survey problem.

Someone correct me if you know better/different. Always want to learn more about this.

> ex: got a call from client's attorney, they're suing.
>
> This project (boundary survey) was done in 2008. I was let go Sept. 2009. I signed/sealed map.

This is the reason I believe that the licensed professional who signs the map should have an equity stake in the business, and the reason I declined to sign when I was an employee.

You don't have to be wrong to be sued and you don't have to be wrong to lose.

>
> If there was no E&O policy, seems like it lands pretty squarely on the surveyor who signed/stamped. If, that is, the problem was a survey problem.
>

And also, someone would have to have suffered from said problem.

Stephen

What does the suit allege? If it's professional negligence, you can definitely be held liable irrespective of your employment status. If it's some contractual issue -- failure to meet a deadline or the like -- you might be off the hook.

I have heard of a similar situation in Alabama and was told that the outcome was that the former employee was generally not liable. There was a little more to it than that, but that's the upshot.

Stephen

This is why most states require a "certificate of authorization" when a company performing engineering or surveying services is formed.

The names on this certificate generally form the basis for professional responsibilities (i.e., "who do we sue?").

I signed and sealed for 15 years at my previous employer - been gone 3 years- Kent can probably verify statute of limitations/liability. 10 years here in texas?
I figure both you and your employer will get drug into the suit.

Who is suing who for what?

If an employee LS does a Survey then a lawsuit happens later it isn't necessarily negligence. There could be a dispute between the property owners and one likes the Survey and one doesn't.

If expert testimony from the Surveyor (now laid off) is required then the Surveyor providing the testimony should get paid and a lot more than the firm would pay an employee unless the company owner wants to take over that task himself.