In certain situations, both the employer and the employee may get sued for their involvement in the alleged wrongdoing. To determine whether you can sue an employee in addition to the employer, your Orange County business lawyer will first need to review the specific facts of your case.
When Is Joint Liability Possible?
If the alleged wrongdoing was conducted by an employee during the course and scope of employment, you may specifically name the individual employee in your lawsuit as well. In such situations, it may be beneficial and cost-effective for both your Orange County business lawyer and the employer to hold the employee and employer jointly liable on the suit.
However, if your Orange County business lawyer determines that the employee engaged in wrong actions outside the scope of employment, you will not be able to hold both parties jointly liable because certain potential conflicts may arise.
In cases where there was no potential conflict of interest at the outset of the trial, yet a conflict arose later during the course of litigation, the court will require the employer and individual employee to obtain separate counsel to continue.
For more information as to whether you can hold the individual employee and employer jointly liable, you need to first consult with an experienced Orange County business lawyer. To schedule a complimentary consultation with Orange County business lawyer Reed Aljian or Justin Daily, call Daily Aljian, LLP at 949-861-2524.