Legal Question in Employment Law in Pennsylvania

My employment with a state government recently ended. What responsibility does the employer have in enforcing/encouraging the environment for compliance for Federal regulations. I am very confident the supervisor(and probably upper mangement) knew that these regulations were being broken. This regulation was repeatedly violated by myself, and having worked with other employees(and through conversations with my supervisor), I am convinced other employees also violated the regulation many times. Federal agencies have investigated the matter and it appears(at this point) that no charges will be filed against me(as the federal agencies haven't contacted me since our initial meeting). I don't know if the employer was penalized, or even if they are still violating these regulations.

Please advise me as to whether the employer would be held accountable rather then the employees(including myself)?


Asked on 6/01/11, 1:33 pm

1 Answer from Attorneys
Matthew Jorden Jorden and White Law Firm, LLP

This is not the easiest scenario to answer without specifics. Usually, as long as an employee is operating within the scope of his employment, any negligent act or criminally negligent act is attributable to the employer under the theory of vicarious liability or respondeat superior. The employer will not be liable for certain willful acts committed by the employee, like the employee punching a co-worker or customer. Generally speaking though, if an employee is acting within the scope of his employment, or was directed to do a wrongful act by the employer, or the employer knowingly acquiesced the employee's wrongful conduct, then the employer is liable. In a lawsuit, the employee will be named as a defendant, but the employee will be covered under the employer's liability insurance.

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Answered on 6/02/11, 9:08 am


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