Legal Question in Disability Law in North Carolina

leaving while named in a lawsuit

I am being sued by a former employee for discrimination based on a disability. I was serving as the GM at the time. I am now leaving the company to go to work for another company. What will happen now??


Asked on 4/06/08, 2:21 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: leaving while named in a lawsuit

I'm sure this is distressing to you. It's very important that you clarify your representation rights with your employer (the one for whom you worked at the time of the alleged discrimination). If you are covered under their insurance, the insurance company should provide an attorney to represent you and defend you against the charges. However, your interests and your employer's may not always coincide, and for that reason it's important to monitor the litigation strategy closely. If you feel you're being "hung out to dry" or not adequately represented, you will have to either represent yourself or hire an attorney at your own expense.

Once the lawsuit progresses into the discovery phase (where both sides exchange evidence), your attorney may well have grounds to have you dismissed from the suit, but if not, you will most likely remain a defendant.

If I can be of further assistance, don't hesitate to contact me directly. My contact information is located in my profile.

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Answered on 4/06/08, 2:40 pm


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