One of the first aspects of a case that a Ft. Lauderdale employment law office might discuss with you about your employment case is liability. A Ft. Lauderdale employment law office might explain when both an employee and the company can be found liable.
When Both Can Be Sued
The potential liability may depend on a number of factors, which a Ft. Lauderdale employment law office might discuss. For example, if the alleged misconduct occurred while an employee was acting within the scope of his or her employment, both parties may be sued. Sometimes an employer might provide joint legal representation with a Ft. Lauderdale employment law office to indemnify the employee.
When Joint Representation May Not Occur
A Ft. Lauderdale employment lawyer may explain that there are circumstances that may arise when a perceived conflict of interest occurs. For example, if an employee acts outside the scope of his or her employment, the employer is not usually obligated to indemnify the employee named in the suit.
If a Ft. Lauderdale employment law office believes that there is no conflict of interest, a letter regarding representation might be prepared. This letter discloses any potential conflicts, the advantages and disadvantages of joint representation and the legal implications of joint representation. This letter will likely include a disclosure that both parties have a right to consult separate lawyers before they agree to joint representation. If a conflict of interest does later arise, both of the parties will have to obtain separate legal counsel.
If you would like more information about whether joint representation is in your best interest, contact a Ft. Lauderdale employment lawyer from Mark J. Berkowitz P.A. at (954) 527-0570.