I did a dumb thing, can I be sued for it?
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I did a dumb thing, can I be sued for it?
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I worked for a co for 2 weeks and tried to straighten out the office and his books, but I could not work for the owner because he created a high stress environment. We yelled daily at each other because he could not understand what all was trying to fix. He liked me alot and told others so. But I could not work for him.
Well I sent him a formal letter (kind of nasty) and he responded with nasty insinuations that I was untrustworthy, I could be capable of stealing from him, etc. which is totally untrue.
Can he sue me for simply leaving and not liking the stressful environment I was working in?
I have only had contact with him to get my paycheck for one week I worked but he is refusing to pay me and is now threatening a lawsuit or similar. Is this legal?
Just curious if I should get a lawyer or not? Additional Details well i promise you I did not steal from his broke behind. I simply am demanding my check for that week and he is saying I am trying to extort monies from him. I mean, jeez, I worked a week for nothing. I know to leave this alone and let him win, but now he wants to sue I think. FOR WHAT???
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Nicole E
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Yes, he has nothing against you, no proof no nothing...Sue him.. |
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D S
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WORDS OF WISDOM--NEVER JUST WALK OUT, LEAVE IN THE MIDDLE OF THE INCIDENT, AND THEN YOU HAVE A VALID REASON FOR WALKING OUT.
GO TO THE DEPARTMENT OF EMPLOYMENT OFFICE AND TALK TO A COUNSELOR. THEY WILL CONTACT HIM AND YOU WILL GET YOUR PAY OR THEY WILL SEE HIM IN COURT.
I HOPE THAT HIS PAYROLL TAXES ARE CURRENT OR HE IS IN DEEP TROUBLE. |
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The Princess
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No he cannot sue you for leaving unless you signed a contract and It sounds like you didn't.
The only way he could sue you from what details you have listed is if you actually did steal from him. |
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bull_rooster_aardvark
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The old adage is - you can sue anyone for anything, but that doesn't mean you are going to win. I can't see any merit to him suing you for anything, he could file a lawsuit anyhow and perhaps exaggerate stuff (or even make stuff up), but he doesn't have alot to stand one from what you have said.
However, you may have to sue him to get your back pay. I'd go ahead with a small claims court lawsuit if I were you. SOunds like you won't get your money any other way. |
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Dumbass
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sue you for what???
go to local EDD office to report what happend and tell them you have worked for a week and your formal employer is not paying up for you work... provide proof that you were clocked in at work and you will get your money one way or other. |
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nova_77_22
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unless you were under a contract which states you have to work for one year or whatever. he can not technocly sue you for wanting your paycheck.
but if the letter you sent him had some herassment in it he could sue you saying you hurased him. ext. but if none of these excist and you didnt not steal from him then he can not sue you.
well he can but he wont win! lol! |
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rhodecol
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Anyone can quit their job at anytime, but don't look for a referral from him on your next job application.
Now about the letters, what exactly was "nasty" about your letter of resignation? If you in anyway threatened him any type of harm or recourse, go find a lawyer.
But on the other hand, he could be guilty of defamation of character by calling you an untrustworthy thief.
At the moment I would file a small claims case against him for the week you were owed that he refuses to pay. If he tries anything else, you will need a lawyer to fight back and if you win you may be able to sue him for attorney's cost since his lawsuit was frivolous.
Just my $0.02 |
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CRAIG C
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Several options are available to you. You can go to the labor board and file a complaint. You could take him to small claims court. As long as you have proof that you did work the week, he is obligated to pay. His insinuations need to also be proved, if you did nothing wrong, then you have nothing to fear from him. Also if you retain an attorney make sure that the attorney as part of the suit, files for additional monies to cover his fee. |
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phillieaglesgirl
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No, you cannot be sued, and by law he has to give you your check on the scheduled payday, he cannot hold it for any reason. I would all him and state if he does not give you your check you are going to call the Labor board. If he doesn't , call them. |
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Garacaius
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Report him to wage and hour division. He has violated state and federal regulations. He cannot sue you for quitting. If he would tell prospective employers that you were untrustworthy....you can sue him. He must pay you for the time worked. |
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Cyn B
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I wanted to answer just based on the first sentence and reply like this: if we could be sued for stupid things we did, we would all be in court - every single one of us!
But given your exact situation, I have to agree with some of the individuals who have already spoken. My first thought is that there is a problem for you unless you have a contract or other proof that you actually worked for the individual. My second thought was that, depending on what you said in the letter (like if it contained potentially damaging things that were not true), you might be able to be sued, but unlikely. And if he really thought you were stealing from him (and had proof - hopefully not the letter), then he wouldn't sue you, he would have you arrested!
I do agree you should go to the unemployment office to see if they can be of assistance, although if you didn't work for a specified number of hours in the quarter prior to this job, you most likely wouldn't qualify for benefits. In any case, either going to "Legal Aid" or to someone for a free consultation (although it may be hard to know in what area of expertise: labor law, libel/slander, criminal).
Several of the things you have said trouble me - and from what you have said, I probably wouldn't hire you. Yelling at the owner / boss is not okay. You are the employee, not the owner. And yelling, period, is not okay! The other thing you did was name call - you said he was broke. True or not and in a bad situation or not, it is not usually a good idea to libel / slander others. You almost sound as if you have an anger management issue and that you blame others for your misfortunes. If this is true, maybe you should see a counselor (oddly enough, the old name for an attorney) instead of an attorney. |
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gibbyguys
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First...Do you have proof you worked for him? If so,then yes you may want to seek an attorney.If not do not bother,but remember it may be better to swallow your pride and be the bigger person.Go and ask forgiveness to ease the tension between the two of you.You may be surprised at the outcome not to mention the money savings from lawyer fees! |
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