State employees who are sued for actions taken in the course of that employment are generally covered by the State of Wisconsin for legal representation and any money judgments awarded in a lawsuit. Generally referred to as indemnification, this means that a state employee will not pay litigation costs, a settlement amount, or any monetary damages out of their own pocket. Wisconsin Stat. § 895.46 provides this protection, which exists to encourage people to enter into public service without fear of great personal costs for such service.
If You Are Sued: What to do as a UWM Employee
Inform the Office of Legal Affairs (OLA) as soon as you receive anything related to a lawsuit against you for actions taken as a UWM employee. OLA will request legal representation from the Wisconsin Attorney General’s Office (though in certain classes of cases OLA may represent you). There are two possible limitations on coverage by the Attorney General:
First, you must cooperate in the defense of any lawsuit. You must immediately forward any legal documents to OLA. If and when the case is assigned to an attorney, you must be responsive to requests for information, participate in the information-gathering process (discovery), prepare for and attend your deposition, and prepare for and attend trial. Not all of these proceedings will occur in every case; however, if they do, you must cooperate with your attorney’s work on the case. Your attorney will make every attempt to provide you with advance notice of any proceedings and deadlines. Nonetheless, please be advised that not every contingency in litigating a legal case can be planned for, so your flexibility is necessary.
Second, certain behavior may cause the State to seek a determination that it is not required to represent or indemnify you. Such behavior is referred to as being outside the “scope of employment.” In general, this behavior is performed under the guise of an official state function or activity, but is not undertaken for the State’s benefit. The test is whether “the person has stepped aside from the business of his employer to accomplish an independent purpose of his own, or whether he was actuated by an intent to carry out his employment and to serve his employer.” Olson v. Connerly, 156 Wis. 2d 488, 494 n. 4, 457 N.W.2d 479 (1990). Such actions are usually both intentional and harmful, though are rare. Such actions have included: sexual assault, sexual contact, defamation, protecting personal information for personal reasons in denying a public record request, driving for a purely personal task on the way to an official function, and receiving bribes. In general, if you are undertaking your assigned duties you will be protected even if you make mistakes.