Hold Harmless Clause (provision):
Definition of 'Hold Harmless Clause'
"A statement in a legal contract stating that an individual or organization is not liable for any injuries or damages caused to the individual signing the contract. An individual may be asked to sign a hold harmless agreement when undertaking an activity that involves risk for which the enabling entity does not want to be legally or financially responsible."
This clause/provision is similar to the Absolute Immunity any judge has to make any decision he or she wants, and never be held accountable for this decision no matter how random, arbitrary or capricious it is.
America, shouldn't this legal protection of people, including judges, be denied as against our public rights to due process and justice?
First, the employee should call his attorney and take his or her advice accordingly. Immediately when served papers, an employee would write a simple letter notifying the board of the lawsuit and make a request for defense and indemnification. That person should also make a copy of the papers served and include that with the letter. So to recap: When an employee gets served with legal papers in any civil suit, they must, within five days, send a letter to the board informing it of the suit and should include a copy of those papers.
Under Education Law 3023, an employee is protected from financial loss resulting from a lawsuit where his or her accidental or negligent actions resulted in a person’s injury or damage to school property. This applies on or off school property as long as that employee’s actions were within the scope of his employment or volunteer duties under the direction of the board. Again, the critical aspects are that the employee is acting within the scope of his employment. And again, HURRY. This time, the employee must supply a copy of the original papers to the board within 10 days. There is no requirement that a written request for defense and indemnification be made. However, the employee can never go wrong by including such a letter and a copy of the papers. Play it safe and do it in five days.
determined whether or not the employee’s actions were within the scope of his or her employment. This, of course, takes time and presumably the employee may have to front the attorney’s fees and expenses and seek reimbursement later.
Defense and Indemnification Provision
There are several simple rules to remember. When served with papers, the employee must FIRST notify the district (Play it safe and do it in five days every time, and include a copy of the papers served on you.). AND, remember that an employee must always be acting within the scope of his or her employment to receive the protections of the defense and indemnification statutes. The protections apply only to civil claims except for criminal allegations resulting from acts related to student discipline. An example might be using physical force as reasonable restraint of a child during a student fight.
Remember, play it safe. Call SAANYS and speak directly with one of your attorneys to discuss a particular situation.