What to do if my ex-employer is suing me for $18,000 in retaliation for filing a wage claim with the state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my ex-employer is suing me for $18,000 in retaliation for filing a wage claim with the state?
I have filed a case with the TX Labor Department about pending wage payment by my ex-employer. In retaliation to this case, my employer is now trying to sue me for $18,000. He has sent me a letter (not a legal notice from any attorney or court) saying that he is suing me and his attorney will contact me. He has not assigned any reason as to why he is suing me and what this $18,000 is all about. I am not sure what I should do now. Should I wait for his attorney to contact me or should I do something right now? Also, once the attorney contacts me or sends me a notice, how should I react/respond?
Asked on December 20, 2010 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Employers may *not* retaliate against an employee for filing wage and hour claims. Since, however, any lawsuit for $18k must be taken seriously--and since also, if they attempt to retaliate against you illegally, that itself may give you grounds to sue them--IF you are actually sued, you should retain a lawyer to both defend you and pursue counterclaims. On the other hand, if you are not actually sued--e.g. it's just bluster--there's no need to contact an attorney. In either case though, it would be a good idea to contact the TX Labor Dept., make them aware of the threat, and provide a copy of the letter to them as evidence. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.