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The Global Insight

Can you be sued personally if you work for a company?

Author

John Hall

Updated on March 07, 2026

Typically, officers and employees of corporations or limited liability companies are not personally liable for acts taken in a corporate capacity. Even though the officer was personally involved in the actions leading to the alleged breach, he cannot be held individually or personally liable for it.

Can a director of a corporation be sued?

Limited liability protects shareholders, directors, officers and employees against personal liability for actions taken in the name of the corporation and corporate debts. Ordinarily, an officer of the corporation, whether also a shareholder, director or employee, cannot be held personally liable.

Can the board of directors get sued?

Although most lawsuits against individual directors are filed by shareholders, non-shareholders may sue individual corporate directors if they have been personally harmed by the actions of the defendant. Harm to the corporation or to its shareholders is not grounds for filing a lawsuit by a third party.

Can HR be held personally liable?

A federal court found in 2017 that an HR director can be personally liable for Family Medical Leave Act and wage violations because, it said, an “employer” includes “any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.” The court also found that the HR …

Who pays when a company is sued?

Generally, when a company being sued loses, the company will become liable for any order of damages and costs and the matter will come to an end. The company will have to pay whatever the amount is and the matter is finished.

Can a director be liable for a suing action?

Therefore, any liabilities that result out of the suing action are borne only by the company. You, as a director, are not personally liable, and your personal assets will, generally speaking, not be available to meet any claim. How do you pierce the veil? Sometimes, however, that “veil” can be “pierced”.

How are directors held liable under the Companies Act?

However, the director does not transfer the liability of the director imposed by this Act onto such employee. Directors of a company may be held jointly and severally liable for any loss, damage or costs sustained by the company as a result of a breach of the directors’ fiduciary duty or the duty to act with care, skill and diligence.

Who is personally liable if a company is sued?

The “veil” that is the company, in effect, protects them. Therefore, any liabilities that result out of the suing action are borne only by the company. You, as a director, are not personally liable, and your personal assets will, generally speaking, not be available to meet any claim.

What happens if a phoenix company is sued?

To prevent the incorporation of Phoenix companies, the law allows the tax office to go directly after the directors for the tax bill. The fact that your company is facing a lawsuit does not necessarily mean you will lose your house. The company is liable, not you.