Can someone file a lawsuit against you out of revenge?

nas88caror 300 09? way to go BK!

they had every right to do what they did.. i know i would
and as of from what your saying again they can file a separate law suit for wrong full termination
he is in deep doodoo
any Judge with any common sense would know he filled in retaliation

Libertarian and proud of it

You cannot sue out of revenge. You can, however, sue over false charges. So if he can get the jury or the judge to believe that the charges were false, meaning that the employees were paid, then he would win the lawsuit.

Gregory

I believe the fired employees could have an action. However, Texas is an "employment at will state". Which means that an employer can terminate anyone at anytime for no reason at all. Yes, people file lawsuits for revenge all of the time. However, if the judge can be convinced that the lawsuit is malicious and without merit the employees may have an actionable case. You really need to talk to an Attorney and give him/her the specifics.

Sandra M

Yes it is wrongful firing. I don't know if this group of people hired an attorney or not, but usually what happens is all cases would be heard on the same day. The non-payment of overtime wages may be a Federal lawsuit. His suit for theft may be a Civil suit that would be heard in a local court. He has to have proof that there was theft. So what I would do is tell the judge in the Civil suit that he is filing this case because a group of you sued him for non-payment of overtime. You may be able to ask for a change of jurisdiction so that both cases can be heard at the same time. If you have an attorney this is something the lawyer should be doing.

officetob

The short answer is yes. You can, quite literally, file a lawsuit against any person or organization that you believe has wronged you and, in particular, caused you damages in any way. It doesn't mean that you will win the suit, but our legal system does allow anyone to file suit for just about anything. It's up to a judge to decide whether the suit is reasonable.

Now that doesn't mean that you can file a ridiculous lawsuit and get away with it. If a judge determines that you do not have reasonable cause to believe you have suffered any damages, or if the judge decides that you did not have sound reason to believe that the person you sued had caused you any damages, then you may find yourself responsible for the damages you caused to the other party.

Lawsuit can cost a lot of time. They can cost a lot money. If the person you sued lost time from work, had legal costs or any other damages that were a result of your frivolous suit, you may find yourself having to pay the other party for those losses.

So in essence, I could sue you for something as silly as just asking this question on yahoo! answers. But in the end, I would likely be owing you money before you would end up owing me money.

As for the other part of your question, I am not familiar with employment laws in Texas. In Florida, that would be wrongful termination and I would imagine that the same rules would apply to Texas. Yes, the employees would be well within their right to file suit against the employer for having done that, in addition to the suit they already have for the not paying the overtime wages.

In the case of the overtime issue, the department of labor should be able to assist them with getting their money back. As to the wrongful termination, I would recommend they get an attorney if they don't already have one. The attorney will be able to find out if the employer has EPLI coverage, which would give the employees something to go after besides the assets of the company.

Something to look into... if the employer used an employee leasing company, the leasing company probably required him to have EPLI coverage.

Hope that helps.

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