Employer/Employee Liability

The Court of Appeals granted a rehearing of a prior opinion yesterday in Sykes v. Home Health Care Affiliates, Inc. located here.  This case is important as the prior opinion had held that an employer is not liable for an employee's torts unless both parties are served.  This started a frenzy in the Plaintiff's bar as employees often tend to go "missing" once litigation is discussed.  The rehearing opinion however corrected this and stated that liability is joint and several.  As such, if the employee cannot be found, the employer is still on the hook.  The opinion is worth a read.