The company should be representing you on this matter. I would not waive service unless they consent to such.
Herbert Tan, Esq.
The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)
305 Broadway, 14th Floor
New York, New York 10007
If the company is agreeable to defending and indemnifying you, then:
1) Yes, you can agree to accept service of proces if it is going to facilitate a settlement.
2) If the terms of the settlement are kept confidential, then you shouldn't have any adverse consequences in future employment.
3) No, you will not be able to counter sue unless you have been damaged. You might have a malicious prosecution claim in the future, but that requires that you win the underlying lawsuit.
To follow up on the other attorney's response, under the labor code, the company is obligated to defend you and cover the defense costs of any actions in the course and scope of your employment.
How will it effect. Generally in not so many ways, except that if someone searches for your name on the court's website, they might be able to see the case filed against you. I am not sure who would want to do that.
Also, if you were to intend to buy a house, apply for a significant loan or declare bankruptcy, while the case is pending, it might be a factor affecting the terms of those deals for you.
San Francisco & Sacramento Employment & Injury Lawyer