Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. edit - location bot is telling me to add location. There is an enormous backstory to all of this including eight months of unbelievably bad behavior on his part - but in the end I'm wondering who owns that creative work? Avoiding Six Common Traps In Defending Against Employee Lawsuits New comments cannot be posted and votes cannot be cast. Cookie Notice Information on MEL is public. 4 attorney answers Posted on Aug 14, 2017 I agree with my colleagues regarding your liability. Former employer is threatening to take legal action? Cookie Notice By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. While it is less common for an employee to be sued by an ex-employer than vice . Stay up to date with what you want to know. Ex-employer is threatening legal action to obtain creative work. LegalAdviceUK exists to provide help for those in need of legal support in England, Scotland, Wales and Northern Ireland. Having such insurance also provides for legal defense of the employer. Archived post. Do not disclose personal identifying information except to the extent necessary to Ask MEL a question. I worked for a marketing agency for about 6 months before deciding to leave due to a toxic director leading to a terrible work environment. Join MEL. However, the employer must have an extremely compelling reason to sue in order to succeed - and that does not usually include poor performance or unintentional carelessness. Filing a charge with the Equal Employment Opportunity Commission (EEOC) will no doubt disrupt your workplace. Employees who report safety or environmental violations are protected by a number of federal laws. Schneider, Kleinick, Weitz, Damashek & Shoot, No. Ironically, whether or not the evidence ultimately supports your allegation of sex discrimination, your employer has responded by handing you a very strong retaliation claim. Can an Ex-Employee Be Sued by an Employer? | Bizfluent The facts in your case may be different too. Quick Backstory: I went without pay for 4 weeks, quit my job. I went home with those documents, which I still have. My former employer is threatening legal action against me. I have not contacted clients of the former client to offer suggestions or direct their business elsewhere. Should i sign this letter and be done with it? And, employees who report fraud against federal agencies or contracts are protected from retaliation by the False Claims Act. I have been passed over for promotion at my job twice in the last few years. The memo, which was viewed by Business Insider, was sent by the firm's CFO Marie Sonde following a story written by Business Insider on the firm's changes to its executive and technology teams, including the closure of its San Francisco office, over the last 18 months. Of course, you might just hear it through the grapevine or in some other accidental way. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Lawyer's Assistant: The Lawyer can help you determine if you have a case. So I was recently fired from my job as a beverage manager at a restaurant. Anyway, I was responsible for creating the menus for said restaurant using a computer program called "InDesign", and my subscription for that program was paid for by the owners business account. Feel free to call my office and set up a consult so we can work on this together if you want to go forward. Close. I will be available to talk to you tomorrow. A number of states allow employees to sue for wrongful termination in violation of public policy if they are fired for reporting illegal activity by their employer (or for refusing to commit illegal actions). Of course you can send a cease-and-desist letter. My former employer sent me a letter threatening legal action if - Quora To accurately determine if legal action against your former employer is the best decision, consider some of the following items: What legal principal will you use to challenge your firing; Can you afford legal action, both financially and time wise; Will you need the representation of an attorney Scan this QR code to download the app now. As a San Diego, Orange County and Palm Desert employment . An employer can quickly assess the facts of your situation and give you some advice about how to proceed. Do I have any need to worry? Asserting EEO rights is called "protected activity." Sometimes there is retaliation before any "protected activity" occurs. Former employer is threatening to take legal action? Reiterate the actions and behaviors your company considers acceptable or unacceptable in the workplace, and explain why the employee's threats are unacceptable. The drama of a physical altercation can be distracting and unsightly, so try to absolve the issue quickly and quietly. Legal fees in an employment discrimination case can easily reach $50,000 within months, and well over $100,000 in . This website uses absolutely nothing from my old company, completely different name, design, copy. In fact, it's illegal retaliation, and you should amend your charge to include these new facts. The exact reasoning for firing me is still unclear but I live in an at-will state, so maybe it doesn't matter. Ex-employer is threatening legal action to obtain creative work - Reddit He has had his assistant managers asking me via text for the menus on a near daily basis. Your access to and use of this website is subject to additional Terms of Use. 2000-2023 Neil Klingshirn. - Quora This can cause you to be on bad terms with your customers and lower employee morale. 0. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. edit: Location: Maine. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Once you learn that an employee is planning to take legal action against your company, you'll want to hire a lawyer. Call a good wage and hour attorney. The startup backed by Goldman Sachs, Two Sigma, and Citi sent a memo on Friday stating that former employees who . A broader push against non-disclosure agreements and settlement arrangements that limit a former employee's ability to speak publicly has grown, mainly as a result of the #MeToo movement. [New York] Former Employer threatening legal action : legaladvice - Reddit For more information, please see our My ex employer has instructed a solicitors to potentially pursue me for breach of contract/damages of 93k. My ex-company has sent me a letter threatening legal action - JustAnswer Based on the information you have provided, it appears likely that the former employer may not prohibit you from competing in the field under the provision but it depends on what you agreed to in the severance agreement. This is because it can be seen as a breach of or act against the Racketeer Influenced and Corrupt Organizations Act (RICO). If you are insulted, harassed, or stereotyped in the workplace, you might feel threatened, but chances are you aren't facing a physical threat. He fired me so unexpectedly that I was never instructed to or had a chance to forward those documents to someone who is still employed. As long as you have a sincere, good faith belief that your complaint is valid, you are protected from retaliation. They are claiming I allowed people to use the gym without paying for memberships and claim they have video evidence. Working as a sales advisor, Obviously I dont have 93k and dont have the money for a solicitor. You've received a letter or email threatening legal action. 2 answers | asked Jun 10, 2010 07:29 AM [EST] | applies to, Making False & Disparaging Remarks to a Potential Employer/Client, Disparaging/False Statements in Performance Review. The court reasoned that the defendants failed to demonstrate that they had a legal right to threaten to terminate the plaintiff for . The only thing that is similar is the idea behind it. For example, it is unlawful to retaliate against applicants or employees for: communicating with a . Find the best ones near you. However, generally, here are 13 things your boss can't legally do: Ask prohibited questions on job applications. They are now trying to recover the costs of the items from me, as they say they are unable to return to the manufacturer or resell. The firm did not respond to request for comment as to why this was included in the memo. non-compete is the geographic region to large. I would like advice Show More Show Less Ask Your Own Criminal Law Question Share this conversation Answered in 1 minute by: 2/8/2021 Because Title VII and other workplace discrimination laws are enforced only through employee complaints, this would undercut our country's commitment to civil rights. Failure to comply with this agreement will result in legal action up to and including a lawsuit being brought against me. Crux Informatics, which raised tens of millions from Goldman Sachs, Two Sigma, and Citi, has overhauled its executive and technology teams since it was founded in last 2017. It is illegal for an employer to retaliate against whistleblowers or other employees who report various types of illegal activity. This is a mistake. Ex employer threatening legal action for negligence/ damages of 93k (Which I have no intention of doing at this stage). Questions and Answers: Enforcement Guidance on Retaliation and Related "Relaying non-public information or making disparaging comments, even anonymously, is a breach of those agreements and obligations and Crux will not hesitate to enforce its legal remedies if it becomes aware of such a breach.". What to do when an ex-employee harasses your business I would further advise that you not have any further direct communications with your former employer. Cookie Notice And, there are very specific rules about what kind of report you have to make (and to whom) in order to be protected. My ex-company has sent me a letter threatening legal action if I do not send written confirmation that I have returned or destroyed company confidential information and cease and desist in contacting their customers. Ex-employer is threatening legal action to obtain creative work. The customers management then decided to return the 2nd order stating it was not as per the order. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. I have an ex-employer threatening to sue me what should I do? - Legal If an employer were free to retaliate against employees who complain of illegal discrimination, employees would quickly get the message to keep their mouths shut. What Laws Protect Employees From Retaliation? - EmploymentLawFirms 02-CV-1660, 2004 WL 345520, at *7-8 (S.D.N.Y. Surely as a director of a company you can't claim that an idea is your own and prevent any previous employees running with it if you haven't taken any action yourself? The memo told former employees approached by journalists, consultants, and analysts to direct them to the firm's head of marketing Pablo Cerrilla. and our Tip. Breach of confidentiality in employment: Real Employment Law My Ex Employer Is Threatening Me With Legal Action - Reddit MEL is a service of Neil Klingshirn, Board Certified Employment Law Specialist, serving clients in Akron, Canton, Cambridge, Cleveland, Columbus, Lorain, Marietta, Youngstown and Wooster, Ohio. The firm did not disclose in the memo what query from Business Insider this was related to and declined our requests to comment. I went onto social media & on sites like google maps to review the business telling others to stay away. The statute of limitations for these types of claims can be very short, particularly for whistleblower claims. . Based on the facts you have related, it's not clear whether you will prevail on your complaint. All rights reserved. All rights reserved. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. An employee who is fired, disciplined, or otherwise treated differently because the employee has complained about illegal activity may have the right to sue the employer under several legal theories: Most laws that provide workers with basic rights also prohibit employers from retaliating against workers who assert those rights by, for example, complaining internally, filing a complaint with an administrative agency, or filing a lawsuit. Employees are also protected from retaliation when they report other types of employer misconduct. We operate as a form of "legal triage" where commenters can guide posters towards resolving issues themselves or towards an appropriate professional. Reddit, Inc. 2023. Adding this claim to your charge will allow you to pursue it in court. The corporation is not / was not a client of the former employer. Do Not Sell or Share My Personal Information, , J.D., University of Missouri School of Law, Do Not Sell or Share My Personal Information. And, even if you ultimately could not win in court, that doesn't give your employer the right to fire you for complaining. My former employer is threatening to sue me? - Legal Answers - Avvo The action the former employer takes will often depend on the severity of the breach and the seniority of the employee. There is no law in California that prevents an employer from suing an employee. My employer then gave me my last week of pay. I spoke to the HR department about my concerns; they said the fact that a man got promoted instead of me isn't enough to justify an investigation. The information on MEL is not legal advice, but general information related to legal issues commonly encountered. Where do I stand with this? All rights reserved. Don't Ignore Demand Letters (And Don't Send A Half-Baked Response) Some employers ignore demand letters, or send a half-baked (off-the-cuff) response. The court also rejected the defendants' argument that threatening to do something that they have a legal right to doterminate an at-will employee without causecannot be a threat to commit an unlawful injury. 1. New comments cannot be posted and votes cannot be cast. Require employees to sign broad non-compete . How You Might Learn of a Former Employee's Claims. You have many decisions to make on how to respond, and a cool head will serve you well. My ex-director has since contacted me and is threatening me with legal action stating that I have breached the non-compete contract by setting up a competing business and using confidential company information. The claim relates to a returned order of laptops. 1. Contact the EEOC investigator assigned to your case and find out how to amend your charge to include the new claim that you were retaliated against because you filed a charge of sex discrimination with the EEOC. Crux's memo stated that the Business Insider story was "instigated by former Crux employees," which is inaccurate. Have You Been Threatened in the Workplace? Here's What to Do Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender . Now the owner realizes he needs those menus to keep the restaurant up to date. For more information, please see our My only further involvement in this project was doing some website design mockups and nothing more. In California, it may be considered extortion to threaten to fire an employee, and extortion is illegal. I received an order for a specific make however offered an alternative which was accepted in writing. After the article ran, Crux sent a memo to former Crux employees who had signed severance agreements telling them that the startup "will not hesitate to enforce its legal remedies" if former employees share non-public information or disparage the company. There are several ways you might find out that a fired employee is planning legal action. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Harassment. Does he have any legal right to the work I've produced using software his company paid for? The release you signed will not operate to bar a defamation claim after the date of the release, but you will have to prove that you suffered actual monetary damages as a result of the false statements to have a valid claim. An ex-employee may make threats to you that they will make damaging statements about your business. The author discusses how some employees try to extort money by threatening to make false claims. When the company got notice of my charge, it fired me. The following day I was asked to suggest some ideas for a name for this project. Former employees of Crux Informatics received a stern warning on Valentine's Day. Defamation is a personal injury, which means that you may be awarded damages not only for your financial losses, but also for your emotional distress. Employment Law Ask an Expert Ask a Lawyer Employment Law Questions This answer was rated: I heard that my former employer was threatening me with Hello, I heard that my former employer was threatening me with potential legal action. How to Take Legal Action against Former Employers. Responding to Correspondence Threatening Legal Action I worked for a marketing agency for about 6 months before deciding to leave due to a toxic director leading to a terrible work environment. Since leaving 4 months ago I noticed that my ex-boss had not taken any action on this idea despite buying a domain for it. Both times, a man with less seniority and experience than me got the position, and my manager couldn't explain why I wasn't selected. I decided to build the website myself. The langage of the confidentiality provision needs to be reviewed line by line. Avvo has 97% of all lawyers in the US. I am hesitant because I live an area that is very tight-nit and if anyone saw the location they would be too easily able to identity me as a person. 26 votes, 20 comments. by philonik My Ex Employer Is Threatening Me With Legal Action. There are a number of whistleblower protection laws that prohibit employers from retaliating against employees who report particular kinds of illegal activity. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Afterwards, the check bounced. Any advice would be helpful? Reddit, Inc. 2023. The claim relates Former employer making disparaging remarks and trying to impose non Enforcement Guidance on Retaliation and Related Issues The short answer is yes, and these are the most common reasons an employer can sue an employee successfully. ", Just wondering if this is a actual threat or more so a scare tactic. I was sent a cease and desist letter by my former employer a week ago and have complied with their demands and had a release . Retaliation occurs when an employer takes a materially adverse action because an applicant or employee asserts rights protected by the EEO laws. This website wasn't created as a business to make money simply to help connect 2 parties within marketing. Privacy Policy. For example, the Sarbanes-Oxley Act protects employees who complain of employer actions that they believe to be shareholder fraud. I heard that my former employer was threatening me with potential legal Binding non-disclosure agreements from former employers have been under pressure thanks to #MeToo scandals. In these states, an employee who is fired for reporting criminal conduct or fraud can sue for damages. Reddit, Inc. 2023. This is why it's important to distinguish between petty slights, illegal offensive comments, and threats . If an employer (or more likely, a former employer) makes false statements about you, you might have a legal claim for defamation. This order went through with no issues. What is retaliation? The attorney listings on this site are paid attorney advertising. I'll just say it's East Coast USA. Quick Backstory: I went without pay for 4 weeks, quit my job. What are their chances of a successful claim? This includes your obligation of confidentiality with respect to the disclosure of all nonpublic information concerning Crux and its clients as well as your obligation not to make any false, disparaging, derogatory or defamatory statements online or otherwise," the memo reads. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. How to Handle a Wrongful Termination Claim as an Employer The information I got was from the local news channel doing a report/investigation on the company. Comments can cross a line and/or violate the law, but they might not actually be threats. Whenever an employee complains, to an employer, outside agency, or court, about a violation of workplace rights, chances are very good that the employee is protected from . California passed a bill in November 2018 that does not allow settlement agreements to limit a person's ability to speak out against past harassment or discrimination. These laws include: Whenever an employee complains, to an employer, outside agency, or court, about a violation of workplace rights, chances are very good that the employee is protected from retaliation. They placed another order and the same thing happened, the cost has gone up so I offered an alternative and they accepted, however on this occasion it was done verbally. My Former Employee is Threatening My Business | LegalVision
