Q: can an employee be sued along with the corporation for negligence after he acting within course and scope?
If not, then is a demurrer and/or motion to strike appropriate?
The employee performed his duties of evaluating a company. The company did not like the evaluation and sued the corporation and the employee after an insurance company denied the claim.
A:
more info needed.
No an employee should not have exposure until most circumstances.
the corporation must have insurance and they will send the matter to a law firm.
you want to be sure the ins co agrees they are covering him and that the law firm will represent him.
A:
Yes, you can be sued employee for causing personal injuries, even though your "Negligent" actions occurred while you were working as an "Employee." Your relationship with your employer is only relevant as to the duties and obligations between you two, not the injured person. Of course, the injured person will seek to hold both of you liable: You as directly responsible for the injuries and your employer as vicariously liable for the acts of an employee.
Your employer has a vested interest in defending you, as if you're not liable for negligence, then your employer is not liable.
NOTE: The employer is not obligated to defend you. However, you are entitled to seek indemnity (Reimbursement) from your employer for any judgment rendered against you, including atty fees incurred, if your conduct was within the scope of your employment.
Generally, such claims are tendered to the employer's insurer, who takes care of the claim.
See Cal labor Code:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2802.
Joseph Franklin Klatt agrees with this answer
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