If someone sells hosting under a given company but is not a direct employee can i sue the company his actions?

Question by Jen B: If someone sells hosting under a given company but is not a direct employee can i sue the company his actions?
In other words a certain someone did something clearly illegal to my business. I would like to sue the company they work for (not the person himself because i know he's broke) but are they legally considered an employee just because they sell that companies services as part of their business.

To make it more clear:
This person provides a variety of website

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