Legal Question in Business Law in Massachusetts
employee contract ,employee indemnification
I work for a municipal electric utility. My employment contract states ''the ____shall indemnify the employee''. The state inspector general may investigate alleged Ethics violations and the company has stated that employees should retain their own legal council. My questions are as follows:
What does it mean when a company Indemnifys an employee?
Is an employee guily of Ethic violations if the company or state has not provided any education or guidelines to employees? Finally, is it the responsiblity of the company to pay for legal representation of the employee or should it fall to the the indemnified employee?
2 Answers from Attorneys
Re: employee contract ,employee indemnification
Indemnification means thatthe company will assume liability for any negligent act by you in the course of your employment that causes harm to another. Read the language of your contract to see if indemnification applies to "intentional" harmful acts by you. If indemnified, company pays legal fees and costs. Ethics in employment are governed by your own sense of morality. However, if you have any concerns about what could be construed as a violation of ethics, feel free to consult with your employer. If you are a public employee you are governed by a specific MA ethics law which is administred by the State Ethics Commission inBoston. YOu can get advice and information there.
Re: employee contract ,employee indemnification
If the company is suggesting that employees retain their own counsel, this is something that I think you should do. You should provide your lawyer with whatever facts you know about the investigation, and any possible role that you could have played in the conduct that is being investigated. At that point, your lawyer would be able to tell you whether you need to hire counsel immediately and/or whether and how you should cooperate during the investigation.
Best wishes,
LDWG
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