Legal Question in Real Estate Law in California

Re: employer defending employee

If the employer is a governmental entity, then the employer is generally required to defend the employee, so long as the claim is based on something that was within the course and scope of the employee's employment.

In the private sector, absent insurance, the answer is generally no, although it is in the employer's best interest to do so. Usually, proving a claim against an employee for acts within the employee's course and scope of employment is sufficient to obtain a recovery against the employer.

In the private sector, if the employee is being sued for negligence or wrongdoing, the employer can usually sue the employee for reimbursement if the employer is found liable as a result of such wrongdoing.

If the employee is merely being sued for performing work as required, and without negligence or wrongdoing, the employee may be able to seek indemnity and make a demand that the employer defend and indemnify (reimburse) him/her.

In most cases, if the employer has insurance covering the claim, then usually the insurance will defend and cover the employee as well.

Re: employer defending employee

The previous answer covers the subject pretty thoroughly. I might add that it would, in my opinion, be rather odd for the client to sue only the employee doing the job and not the employer. There are at least two reasons: the employer will usually have deeper pockets, insurance, etc.; also, the employer is ultimately at least co-responsible and co-liable for what its employees do in the course and scope of employment.

Therefore, I think the real issue here might be whether the acts and omissions for which the employee is sued arose in the course and scope of employment, or are unrelated to the job. I think the "course and scope" aspects will be determinative of defense and insurance questions.

If the suit has been filed, you could FAX or email me a copy and I'll give you a better opinion.

Re: employer defending employee

I don't know how to answer this sicne I don't know what an "assignment job" is. If you are being sued over actions taken by you in the course and scope of your employment, your employer is required to defend and indemnify you. You can file a cross-complaint against your employer if your employer refuses to defend and indemnify you.