Now the manager is suing the employer to pay his attorneys fees. Labor Code 2802. Allowable expenses under the statute have been held to include attorney's fees. Here, the employer was arguing that because the case was settled, it must have had some merit, and therefore the manager was not entitled to indemnification. The Ninth Circuit, in a case where the employer was the Teamster's Union, applied California law which it said is based on a long history of common law.
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