Can an employer who fails to provide proper notice to an employee later intervene in the employee's action?

On the other hand where the parties proceed to trial on the facts, an employer who has Proper notice and fails to intervene cannot later do so, [37 Cal.App.3d 897] and if his independent action is barred his claim is effectively foreclosed. The intent of the law is that the entire matter be tried in one action and not piecemeal. (Labor Code section 3853, which requires the employer's independent action, if filed, be consolidated with the employee's action; see also Benwell v. Dean, 249 Cal.App.2d 345, 57 Cal.Rptr. 394.)