I am a translator hired by an agency to do a translation for a client of the agency. Long story short: the agency is making me look responsible for everything that went wrong in their project and their client is backing them up. The agency refuses to pay me and has informed me that if I were to go to Small Claims they would sue *me* for their damages (ie extra cost for review of my initial translation). The fact/truth is that I stand by my work in the conditions imposed on me to do it and I have my good conscience for me. But I am scared to go to Small Claims now!
According to the Law here in California, can an agency sue an outsider like a contractor/vendor-freelance translator like me for their own decisions, made without informing me?!
SO...should I follow my conscience and defend myself and ask a Judge in Small Claims to rule on this issue?
This is what I would like to do and think/feel I should do.
BUT...I NEED to know to which extent an agency can blame a translator. THANKS
2007-01-19 18:20:45 · 2 answers · asked by indigoBlue 1 in Politics & Government ➔ Law & Ethics
Okay, heres a simple explanation of how a small claims action works. To prevail, the company would have to show that you were negligent or otherwise unprofessional in some facet of your duties. In short, either you did something that you should not have or you didnt do something that you should have. In addition, they must show actual as well as legal causation which simply stated is you are responsible for their loss, and its fair to hold you responsible. Finally, there must be proof to the civil standard that your error was the chief cause of the loss.
On the other hand, all you have to show to prevail is that you did what you were hired to do. And, if you had a contract with this agency, breach of an employment contract in bad faith by the employer is one of two cases in contract law which allows for punitive damages.
Bottom line, consider what you might gain vs what you will be put through to get it. If you prevail on the merits, if there is a counter claim and you win that as well, you may then have the extra cause of abuse of process/malicious prosecution because they are clearly trying to scare you out of this.
2007-01-19 19:31:04 · answer #1 · answered by Jeffrey V 4 · 0⤊ 0⤋
If you feel you are in the right I would persue it, but the other coin tells me that if this is going to be an expensive court battle, It might not be worth persuing. Just depends what is at stake (like your reputation etc)?
2007-01-20 02:48:13 · answer #2 · answered by trigunmarksman 6 · 0⤊ 0⤋