If my wife’s employer is under federal indictment and she is also being indicted, is it obliged to represent her if she was acting under its orders and had no knowledge it was committing illegal acts?

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If my wife’s employer is under federal indictment and she is also being indicted, is it obliged to represent her if she was acting under its orders and had no knowledge it was committing illegal acts?

She had no knowledge they were committing illegal acts.

Asked on May 14, 2015 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, an employer is under no obligation to represent (or pay for the representation of) an employee, even if that employee was following the employer's directions or instructions, unless and only if there is an employment contract in effect which requires them to represent (or pay for) her. In the absence of a contractual right, the law more generally does not require the employer to provide for any employee's legal representation, ever.


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