Could I be sued? (attorney, agent, W2, work)

[gman6974]

The last two quarters I took over my companies IFTA truck taxes. They showed me how to complete the form and it's not difficult just really monotonous. I check over my numbers but I still get nervous signing my name on the report before sending it to the IRS. If the IRS found a mistake and decided to perform an audit and gave us fines and penalties. Does that give my employer the right to sue me for the money since my name is signed on the report?

[8 SNAKE]

I'm not an attorney and don't play one on the internet, so take my opinion with a grain of salt.

If you are an employee (ie you're issued a W2), I would think that your employer would have to prove intentional misconduct or some form of gross negligence on your part in order to go after you. Even then, it would be difficult for an employer to successfully sue an employee in this situation.

[Philip T]

There is a legal concept where the employee is servant and agent to the employer -- therefore the employer bears the burden of your errors -- especially good faith ones such as yours would be.

But that does not stop anyone from suing anybody.

But to resolve this, you could ask them to give you a "hold harmless" agreement or letter -- stating that they will not attempt to hold you liable for errors you may accidentally commit while attempting to do your work as they have instructed you to do.

Such a document presented to a court would typically get any such claim bounced out on Summary Judgment (way early in the process) if not simply dismissed upfront.

[texdav]

Your company isn't goihng to sue you but they may fire you. The IRS would interview you if it was your mistake tho but very unlikely as its a accounting error that would be settled quickly.