what can a lawyer ask me if another employee tries to sue me?

Can an employee be sued by an ex-employer?

Oct 02, 2013 · If you have already received a complaint, consult with an attorney. Generally, you only have 20 days within which to answer the allegations in the Complaint. If you don’t bring up …

Can an employer sue an employee for theft?

May 22, 2020 · 6. Remain calm. While this may sound like a difficult thing to do especially if you're angry or feeling frustrated about the lawsuit, it is better to stay calm and be optimistic that …

What to do if you get sued by a lawyer?

Jun 09, 2019 · One of the most common reasons employers contact lawyers about suing a former employee is because the employer suffered a financial loss related to the employee's …

Can I Sue my coworker for discrimination?

Nov 03, 2007 · Re: Employee sue another employee. Being called "demanding" is generally going to be regarded as an opinion, not as actionable slander. Be careful - if you sue a co-worker, if …

What behaviors are considered criteria for a hostile work environment?

How do you prove workplace harassment?

What is classified as harassment in the workplace?

Can someone sue me without me knowing?

What are the 3 types of harassment?

What is psychological harassment?

What are the 4 types of harassment?

What are the 5 types of harassment?

Is trying to get someone fired harassment?

How do you stop someone from suing you?

What happens when someone sues you and you have no money?

What happens if you don't appear in court for a civil case?

Violating Non-Compete Clauses

As an employer, you may have established legally binding clauses in your employment contracts that prevent an employee after termination of employm...

Violating Non-Solicitation Agreements

Non-solicitation agreements are different than non-compete clauses. Even in states where non-compete clauses are unenforceable, non-solicitation ag...

Breach of Fiduciary Duty

Employees owe a fiduciary duty to their employer while they still are employed to act in the best interest of their employer, and with a duty of lo...

Violating No Raid Provisions

It is common in many industries for an employee to leave a company to go work for a competitor. However, if two or more employees leave an employer...

Theft of Trade Secrets

While everyone can easily see how the theft of tangible property would be considered illegal, it is important to note that trade secrets are also c...

Can an employer sue an employee?

The answer, unsurprisingly, is yes, although it is more difficult for an employer to sue an employee than vice versa. An employer suing an employee for damages must have a valid legal reason, and with sufficient evidence to prove the case, the employer can win.

Why do employers sue former employees?

One of the most common reasons employers contact lawyers about suing a former employee is because the employer suffered a financial loss related to the employee's negligence. Employees cannot be sued for simple negligence, but an employee can be sued for damages paid to a third party if she acted with gross negligence.

Can an employee be sued for negligence?

Employees cannot be sued for simple negligence, but an employee can be sued for damages paid to a third party if she acted with gross negligence. An employer may also be able to sue in limited cases where the employee was a 1). "skilled worker" who 2). took intentional or reckless actions that involved fraud or intentional wrongdoing beyond ...

Why are employees sued?

Employees are often sued by an employer for breach of contract after violating the provisions of a contract. Of course, in this case, the employee must have signed a contract that is legally binding under state law. Some of the most common reasons employees are sued for breach of contract are for violating noncompete agreements, ...

Why do employers sue for breach of contract?

If an employer wishes to sue after a breach of contract, it must act quickly in order to seek a mandatory order prohibiting the continuation of the action.

What are the limitations of a noncompete agreement?

A noncompete agreement places limits and restrictions on a former employee's ability to work for competing companies or to start his own competing business for a set period of time after leaving the employer.

What is a non-compete agreement?

A noncompete agreement places limits and restrictions on a former employee's ability to work for competing companies or to start his own competing business for a set period of time after leaving the employer.

What is a legally binding clause in an employment contract?

As an employer, you may have established legally binding clauses in your employment contracts that prevent an employee after termination of employment from working in a particular field or area of business, for a specified period of time, within a specified geographic area.

Can an employee use an email address to secure new employment?

If an employee uses a company email address, which somehow proves detrimental to the company, or takes travel funds from the company to attend a job interview, the employer will easily have a cause of action against the employee.

Can an employer sue an employee?

The short answer is yes, and these are the most common reasons an employer can sue an employee successfully. While it is more difficult for an employer to sue an employee than vice versa, there are many valid legal reasons that an employer may bring a cause of action against an employee (or ex-employee) and win.

Is California a non-compete state?

While some states, such as California, have issued a complete ban on non-compete clauses and rendered them unenforceable, many other states still legally enforce these contractual agreements between employers and employees.

What is the duty of an employee after leaving the company?

Employees have a duty to their employer to act solely in the best interest of the company. This common-law duty exists whether or not there is any kind of employment contract.

What is the duty of an employee to act solely in the best interest of the company?

Employees have a duty to their employer to act solely in the best interest of the company. This common-law duty exists whether or not there is any kind of employment contract. The typical standard for analyzing whether a non-solicitation agreement should be enforced is reasonableness.

What is breach of fiduciary duty?

Breach of Fiduciary Duty. Employees owe a fiduciary duty to their employer while they still are employed to act in the best interest of their employer, and with a duty of loyalty.

Is rude comment considered harassment?

Not every mean or rude comment qualifies as harassment. On the other hand, many employees suffer long periods of unlawful harassment or sexual harassment from their fellow employees but are unaware of what they can do about it.

Why did the court agree that triable issues existed as to the employer’s liability for a hostile work environment claim

The court agreed that triable issues existed as to the employer’s liability for a hostile work environment claim because it could not hold “as a matter of law that the evidence [the plaintiff] wishes to adduce is insufficient in the aggregate to establish a claim for harassment” based on national origin and religion.

What is unlawful harassment?

To constitute unlawful harassment, the conduct must be severe or pervasive. It may include offensive comments, genstures, or physical touching. And it must target an employee because of his or her race, national origin, gender or sex, sexual orientiation, or other similar characteristic.

Can an employee sue for discrimination?

An employee denied a job, promotion, or raise because of unlawful discrimination on the basis of race, gender, sexual orientation, or other protected basis cannot sue her co-worker for discriminaion. However, she may sue her employer.

3 attorney answers

Can you sue? Anyone can sue for anything. Will you win because someone is rude and insulting? If so there would be alot of people rich from the presidential election. Take your business elsewhere or talk with the manager. To win a lawsuit you need to have damages and I dont think you have much here.

Kelvin P. Green

Of course you can sue, but to what avail? No damages, no recovery. If there is expected to be no recovery, why bother with the aggravation of suing? Move on; shop elsewhere.

Can an employer be jerks?

1. Even if you got the shaft at work, it is unlikely that you were treated illegally. The law does not require employers to treat their employees like "family," or to be nice, or even to be particularly fair. In fact, employers can usually be downright jerks as long as they are equally jerky to everybody.

What happens if you sue your employer?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue. 2.

Is a lawsuit stressful?

It is true that your lawsuit will be stressful and disruptive for your company. But it will be a lot more stressful and disruptive for you, who are not used to the court system or dealing with lawyers, and you don't even know whether it's a trap when the employer's lawyer says hello to you and offers to shake hands.

Why does my lawyer include a claim for emotional distress in my lawsuit?

4. You may be opening up your own life to scrutiny. This is another "painful" part. In order to get more money , and because you really were very upset when you were fired , your lawyer includes a claim for emotional distress in your lawsuit.

Who fired Rebekah Jones?

The administration of Florida Gov. Ron DeSantis (R) recently fired Rebekah Jones, who was either the genius behind, or the data-input clerk for, the state's coronavirus dashboard. News reports say that Ms. Jones is still employed by the state and has until next week to accept or reject a separation agreement. Ms.

What is the Bermuda Triangle?

Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act "the Bermuda Triangle." The idea was that trying to keep all of these laws in mind while dealing with injured employees caused employers to become disoriented, without a compass, and lost. I've never been crazy about that metaphor, although I've been guilty of using it. I never heard of an employer who ...

What happens if you don't have a non-compete?

If you do not have a non-compete, you are safer. However, you may still be sued for breach of contract, tortious interference with a contractual relationship, or other type of causes of action. You should contact an attorney knowledgeable in this area, such as myself, as soon as possible to evaluate your claim and protect yourself.

Can you be liable for using trade secret information to contact patients?

You have a fiduciary obligation to your employer and if you used trade secret information to contact patients, you might have liability.

What can't a boss do?

What's more, state laws can vary. However, generally, here are 13 things your boss can't legally do: Ask prohibited questions on job applications. Require employees to sign broad non-compete agreements. Forbid you from discussing your salary with co-workers. Not pay you overtime or minimum wage.

Is your boss above the law?

No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

Can an employer ask about your age before you get hired?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.

Can an employer break the law?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process.

What is non-compete agreement?

These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.