Employee Sued by Employer
Employee Sued By Employer Services
I'm being sued by my Employer, what should I do?
In these challenging economic times, it has become somewhat fashionable for employers to sue their departing employees or recently departed employees. Some of these lawsuits appear to be tactically motivated to scare employees away from pursuing their own claims against their employers or to accept substantially less in severance than they would otherwise be entitled to.
Ordinarily, when an employer feels an employee is dishonest, lacks the necessary competence for the job, or has engaged in misconduct of some kind, the employer’s remedy is that it can fire the employee. If the dishonesty, incompetence or other misconduct is serious enough, the employer might even be able to claim just cause and not pay any severance.
It can be scary and intimidating to be faced with a lawsuit from your former employer, but it is important that you immediately get experienced counsel on your side to help you. Ignoring the lawsuit will not make it go away, and in fact will likely lead to a judgment of some kind being awarded against you. We are experienced in dealing with claims by former employers against employees for alleged breaches of non-competition, non-solicitation, and confidentiality.
Let us help you fight back.
The Courts are in Your Favour
Usually, employers do not sue employees. Even when they do, it is rare for a court to find an employee liable in damages to an employer, because courts are aware that there is a major power imbalance and economic imbalance in favor of employers. However, employers do sometimes sue employees and it is possible for an employee to be held liable in damages to an employer in some circumstances.
We know it can be extremely distressing to an employee to get sued. However, the lawyers at Bow River Law LLP have dealt with this situation before and we can help. Let us help you.
- If you have been sued or think you might get sued, contact us as soon as possible so we can assess the situation and help you through it
- Keep records of everything you can that is relevant, such as emails and handwritten notes of what happened on phone calls. You will likely need this information later
- If possible, speak to a lawyer before signing anything
Employee Sued by Employer FAQ
My Former Employer sued me. What should I do?
If you have been sued, you need to speak to an employment lawyer immediately. You have a very short time to defend against any lawsuit, even you do not agree with anything stated in it. The good news is, often employers will have a tough time holding an employee liable in damages if the employee gets legal advice right away.
My Former Employer is asking me to help them in an ongoing lawsuit. What should I do?
If you are being asked to help your former employer with a lawsuit that does not involve you specifically, you may rightly be concerned about how assisting them may impact your current work obligations and whether or not you could be subpoenaed to testify or assist them. Depending on your position with your former employer you may have an obligation to provide information and testimony in their current lawsuit, but you also have rights and entitlements as well. Speak with an employment lawyer to understand where your obligations to your former employer ends, and to understand the sort of compensation you can ask for.
I just received a threatening letter from my former employer which says I need to “cease and desist” contacting clients and working for a competitor or they will sue me. What should I do?
If you have received a cease and desist letter from your former employer about clients or working for a competitor, you need to get an employment lawyer immediately to talk about your rights and obligations and protect yourself from potential liability.