Employment Law

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Is an employer responsible for legal fees incurred by an…

Customer Question
Is an employer responsible...

Is an employer responsible for legal fees incurred by an employee accused of sexual misconduct that occurs when that employee is at work either with another employee or a person doing business with said employee? My question concerns the federal government and why tax payer dollars are being reported on National news as being spent on this issue.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Federal government. Not a specific state.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time Congressman

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
12/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. Generally, the answer to your question is yes. An employer may be responsible for the legal fees incurred by an employee accused of sexual misconduct. The reason is that legally, an employer technically has control over their employee and they are going to be responsible for the things that the employee does illegally while on the job. Keep in mind though that the employer may not be on the hook if they can prove that they have done enough to help prevent these actions. Basically, the more that the employee has engaged in actions that are impossible for the employer to control, the less the employer is on the hook. For example, if an employer sent an employee through training, but the employee ignored it and sexually harassed anyway, then the employer will probably not be held liable for the actions of those individuals. In your case, it is probable that tax payer dollars are being spent on this issue in part because the risk and expense of fighting a lawsuit may be worth more than settling these payments, but it really depends on the circumstances.

What other questions did you have for me today that I can help you out with:-)?

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