Legal Question in Business Law in California
Employee responsibility
My boss leases equipment to clients. He want us, the sales reps, to sign personal guarantor contracts stating we are financially responsibile for the leased equipment of the client defaults. Is this legal?
2 Answers from Attorneys
Re: Employee responsibility
If you're an employee and not a contractor, this policy is against the California Labor Code. Best guess is even if you were to sign a personal guarantee, the courts won't uphold it. But that's just my best guess. I would suggest to the boss that he contract with a third party finance company if he wants to outsource his credit risks.
Re: Employee responsibility
Legal? Probably not. Intelligent of you to do so? Hell no. You might have a wrongful termination claim if fired for refusal. If that happens, give me a call.
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