In some employment cases, it may be necessary to sue both the employer and one or more of its employees for the wrongful actions committed against you. In determining who the responsible parties are in your employment lawsuit, your Irvine business lawyer will first need to assess the specific facts of your case.
When There Is Joint Liability
One of the most important tasks that your Irvine business lawyer faces is to determine who must be specifically named in your employment lawsuit. In making this critical decision, your lawyer will first need to determine how and when the wrongful conduct was committed.
If your Irvine business lawyer determines that the wrongful conduct was committed during the course and scope of employment by an employee of your company, you will be able to hold both the employee and your employer jointly liable for their wrongful actions. In other words, you will name the individual employee as well as your employer in your employment claim.
In such situations, the employer and employee can be represented by one lawyer (usually the employer’s lawyer). However, if a conflict of interest arises during the course of litigation, the court may require the parties to obtain separate counsel before continuing the suit.
For more information about whether you can hold your employer and a co-employee jointly liable for their wrongful conduct, contact Daily Aljian LLP today at (949) 861-2524 to schedule a complimentary consultation with an Irvine business lawyer.