My former employer is suing me personally, claiming I breached my settlement agreement by working at my current employer, which is a "partnership" (it's not, but this is a revenge lawsuit not based on merit). My former employer is also claiming tortious economic interference because he sent a project to my boss, who took a bunch of meetings to discuss it. I was in one of the meetings, and when my former boss found out, he wrote an email to my current boss saying I couldn't be involved. My current boss immediately passed on the project, and that resulted in the interference claim. In that tortious interference complaint, I'm also being accused of using confidential info from my former employer to interfere with my current employer's interest in the aforementioned project. I know I'm completely innocent, but my ex boss sues everyone and the goal is to bleed me of my money. I'm being told it'll cost at least $150k to defend. Given CA employee code 2802, isn't my current employer responsible for my legal fees and any potential judgment against me since the interference claim came from the normal course of business?
Your present employer may have a duty to indemnify you, but far more would need to be known about this lawsuit. It would be wise for you to immediately seek out a consultation with an attorney who can be allowed to review the litigation and the underlying paperwork. Be sure to locate someone who not only understands the employer's duty to indemnify employees, but also the underlying anti-competition claims. You have a limited time to defend yourself so it would be wise to find someone who can defend you against the lawsuit while negotiating the employer's indemnification.
Also, be sure to seek advice from the attorney on insurance issues. Explore the duty to defend under policies held by your present employer and by you.
Good luck to you.
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