Legal Question in Civil Litigation in Illinois

Re: Former Employee counter-sues

Hello. The legal issue here is whether your former employee can recover against you personally now that the Sub S Corp. is dissolved. Be

very careful with this situation. At

times it is hard to predict what a judge might do. To best protect yourself, you should have a lawyer.

There is a school of thought that says you could be personally liable.

Again, do not neglect this lawsuit against you. I will be happy to discuss this if you have anymore questions.

Re: Former Employee counter-sues

Under certain circumstances it is possible to pierce the corporate veil and get to your personal assets. One of those circumstances is if you have been careless in keeping the corporate assets separate from your own. In such case it is possible to get your assets into the pot. There are other circumstances as well.

I strongly advise you to speak to an attorney. Even if it is only for a consultation so as to get a better idea of your situation. It will be the nest money you have spent.

One thing I strongly recommend you NOT do is to ignore the suit based on the hope that any judgment against your old corporation will be useless. I can introduce you to many creative attorneys who can come up with one argument or another to file a suit against you personally. Once that is done, you will have to defend---at your expense.

Once litigation has been unleashed it is always very difficult to know what shape it ends up taking.

Speak to an attorney is the best advice anyone can give you.

I hope this helps,

Taradji Law Offices

Re: Former Employee counter-sues

I do not have enough information to provide an informed response. Please contact me directly to discuss.

Re: Former Employee counter-sues

I have read the responses of the other attorneys. Rather than waste your time repeating what they said, let me suggest that you consult an attorney who handles corporate litigation. He or she would be in the best position to determine whether you may have some personal liability. Be sure to gather all of your corporate information and documents before meeting with that attorney.