Legal Question in Employment Law in California

Unfair dismissal from job?

My friend works for circuit city in the warehouse and delivery dept. In March of 2006 he was in an accident in which he rear-ended another vehicle. Contact with the other party lasted less than 5-minutes. No medical attention was sought, in fact the other party did not want any medical attention. He told his employers and they said their insurance company would handle it. Anyhow...6 months later he gets processed with a summons from this person Vs. him and Circuit city, stating that they are being sued for about a million dollars! My question is: Since he was under the company's insurance and working at the time would the company be the one that is actually being sued and should provide the attorney? 2. Being that this happened 6 motnhs ago and my friend was told that the insurance company would handle it, and he was not let go because he is a good and valued employee, could they now decide to fire him because of this lawsuit coming about? Any infromation you have would be greatly appreciated. Obviously we are very upset!


Asked on 9/29/06, 10:53 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unfair dismissal from job?

If the accident occurred in the course and scope of employment, the employer is obligated to defend the employee, typically through the employer's insurance carrier. But the employee can be fired for getting into the accident. Employees can be fired at the will of the employer, regardless of any promises made six months ago.

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Answered on 10/05/06, 4:51 pm


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