Legal Question in Employment Law in New Jersey

The answer depends on the circumstances and the nature of the complaint. In many cases, the interest of the employer and employee will be coincident and the employer may provide a defense. Sometimes an employer will have insurance that will cover employees even if the interests are not the same. In that case, the insurance pays for the defense but a separate lawyer will be assigned. You will need to ask the company about their intentions. If you and the company have common representation, keep in mind that you are entitled to the same information and to participate in all of the meetings with counsel; you are not second class just because you are an employee. For that reason, it is frequently to the company's benefit to provide separate counsel even if that costs more. You should also ask your lawyer about indemnification. That is, if you are found liable, will the company pay any judgment against you. That answer can also differ depending on circumstances.

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