What is the name of your state (only U.S. law)?
California
In an Employment Agreement in California, which party gets the Indemnification: Employee or Company? A prospective employee has suggested this (originally from a separate document on RocketLawyer) to a prospective employer who has objected to it.
Is it reasonable to propose this language (originally from a separate document on RocketLawyer) for an Employment Agreement? Is it reasonable to object to it? What is the normal presumption when the clause is missing? How important is it? Why would somebody want it? Should Company also/instead be Indemnified? If your discussion is with somebody in California but from Illinois, would he have a different perspective? Since everybody is always responsible for their own Willful Misconduct, what difference does it make to include/exclude Willful Misconduct?
California
In an Employment Agreement in California, which party gets the Indemnification: Employee or Company? A prospective employee has suggested this (originally from a separate document on RocketLawyer) to a prospective employer who has objected to it.
Hold Harmless. Company shall defend, indemnify, and hold harmless Employee from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Company, it's personnel, employees, agents, contractors or volunteers in connection with or arising out of Company's actions. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs of expenses, and any reimbursements to Employee for all legal expenses and costs incurred by it.
Is it reasonable to propose this language (originally from a separate document on RocketLawyer) for an Employment Agreement? Is it reasonable to object to it? What is the normal presumption when the clause is missing? How important is it? Why would somebody want it? Should Company also/instead be Indemnified? If your discussion is with somebody in California but from Illinois, would he have a different perspective? Since everybody is always responsible for their own Willful Misconduct, what difference does it make to include/exclude Willful Misconduct?
