QUESTION

My ex employer is being sued and i was named in the suit. My ex company will not represent me. What should i do

Asked on Jul 06th, 2016 on Litigation - California
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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You should hire an attorney. The attorney will need to read the lawsuit, read any correspondence you have had with the other defendant, its lawyers and its insurance company, and interview you about your role in the company, your role (if any) in the occurences which are the subject of the lawsuit, and the reasons you left the company.  My first goal would be to try to find an insurance company to pay for your defense. It might be the company's. It might be your homeowner's policy. It might even be your car insurance. Lawsuits are expensive.  Depending on the facts and if there really is no insurance, and we really can't get your former employer to step up, we might try to get the plaintiff to give you a release in exchange for honest, truthful testimony against your former employer.  For example, if an employee is driving the employer's delivery truck going to or from a customer, runs a red light, and causes injury to anyone's person or property, the employee is personally liable and so is the employer. If the employee doesn't have much in assets and the employer does, and the employer fails to defend the eimployee, the plaintiff might offer to release all claims against the employee if the employee will admit that he ran the red light and was driving as part of his job at the time.  You have only 30 days after the complaint was delivered to you, to respond. Please hire someone rightaway. Dana Sack  
Answered on Jul 07th, 2016 at 2:24 PM

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