Liability and invoices in case of dismissal of employee

Questioner

An employee has purchased items from a supplier under the company name. However, he sold these items himself via Marktplaats. After dismissal of employee, supplier only sends invoice to company directly (had previously issued invoice to employee). Is company now responsible for payment of these invoices.

Lawyer

Dear questioner, if the supplier had no doubts about the purchase of the goods and the (in)authority to act on behalf of the company, you can indeed be held to pay this invoice. Of course, you can still take recourse with the ex)employee.

Lawyer

The main rule is that the company is NOT liable for orders placed in its name without its consent. The exception is that the company is liable to the supplier if the company itself gave the impression to the 3rd party that the criminal employee was authorized to place orders on its behalf. This may be the case if the employee had a power of attorney that was registered with the Chamber of Commerce.