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    Tyhrw

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    valeriem21
    An employee shot and killed a gate crasher but was criminally charged for homicide. While the employer has a moral duty to provide legal assistance, there is no legal obligation to do so. Therefore, the employee cannot recover any damages paid to a lawyer hired independently. The expenses incurred from legal fees resulted from the need to defend against criminal charges, not from the original act of shooting the gate crasher.

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    Tyhrw

    Uploaded by

    valeriem21
    31 views1 page
    An employee shot and killed a gate crasher but was criminally charged for homicide. While the employer has a moral duty to provide legal assistance, there is no legal obligation to do so. Therefore, the employee cannot recover any damages paid to a lawyer hired independently. The expenses incurred from legal fees resulted from the need to defend against criminal charges, not from the original act of shooting the gate crasher.

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    tyhrw

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    An employee shot and killed a gate crasher but was criminally charged for homicide. While the employer has a moral duty to provide legal assistance, there is no legal obligation to do so. Therefore, the employee cannot recover any damages paid to a lawyer hired independently. The expenses incurred from legal fees resulted from the need to defend against criminal charges, not from the original act of shooting the gate crasher.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views1 page

    Tyhrw

    Uploaded by

    valeriem21
    An employee shot and killed a gate crasher but was criminally charged for homicide. While the employer has a moral duty to provide legal assistance, there is no legal obligation to do so. Therefore, the employee cannot recover any damages paid to a lawyer hired independently. The expenses incurred from legal fees resulted from the need to defend against criminal charges, not from the original act of shooting the gate crasher.

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    © All Rights Reserved
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    rather by a 3rd party or stranger not in the employ of his employer may recover said damages against his

    employer
    Ruling: No
    Although the employer has a moral obligation to give employee legal assistance to aid the latter in his case, he has
    no legal obligation to do so.
    If the employer is not legally obliged to give legal assistance to employee and provide him with a lawyer, naturally
    said employee may not recover the amount he may have paid a lawyer hired by him.
    Damages suffered by plaintiff by reason of expenses incurred by him in remunerating his lawyer is not caused by his
    act of shooting to death the gate crasher but rather by filing the charge of homicide which made it necessary for him
    to defend himself with the aid of counsel.
    Had no criminal charge against him, there would have been no expenses incurred or damages suffered.

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