Generally, yes. The NC Defense of State Employees Act provides for the defense, representation and indemnification of state employees who are acting within the course and scope of their assigned duties and are sued in their official or individual capacities, whether criminally or civilly. The NC Attorney General has the sole discretion to decide whether to defend. An employee must request representation. The Attorney General may refuse to defend you, if: a) the act or omission is not within the scope and course of employment (e.g. you committed sexual harassment); b) you committed fraud, corruption or acted with actual malice; c) there would be a conflict of interest with the State; or 4) it would not be in the best interests of the State. (OGC 7/15/09)
