Legal Question in Employment Law in California
Employee Liability for Tort
My friends Employer is being sued. The complaint lists all of the employees individually and as agents of the company. None of the employees where aware of the tort nor were expected in their clerical jobs to make any knowlegeable decisions. They are minimum wage employees with limited edcutations and no profesional skills other than typing.
What affirmative defenses are available in California or Federal law to protect them?
The employer is refusing to look at the issue logically and appears to be positioned for legal suicide. He is not helping or defending the employees.
1 Answer from Attorneys
Re: Employee Liability for Tort
It would be difficult and probably irresponsible to offer affirmative defense theories without knowing the facts of the case. Your friend must have an attorney review the facts of the case immediately.
Employers are legally required to provide a legal defense for its employees unless they have acted outside the scope of their employment, which does not appear to be the case. If the employer's attorney cannot represent the employee because of some perceived conflict, they are required to pay for an independent attorney to represent your friend.
In any case, your friend should meet with counsel of his/her choice to get independent advice on what to do. Failure to do so, could result in a default judgment entered against him/her.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
