Companies face difficult choices when their employees are accused of business-related wrongdoing by the government. They can indemnify employees against legal defense costs. Or they can refuse and try to separate themselves as much as possible from the accused employee to avoid legal action themselves.

Florida businesses faced with this dilemma must make a nuanced decision based on a variety of factors, including the state’s indemnification statute, the likelihood of a successful prosecution of the employee, their corporate bylaws and their assessment of the accused employee’s actions.