former boss threatening to sue should I counter sue?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

former boss threatening to sue should I counter sue?

My former employer is threating to sue me for stealing tools which he gave me to
use. He also owes me 400 the tools are around 350 – 400, Working for him on a
1099 payroll was never on time supposed to be weekly I only worked for him work
5-6 weeks in that time I was paid 1 time via direct deposit 1.5 weeks late, and
the only other time I was paid was 3 weeks late and in cash turned out that 50
of it was counterfeit. my question is do I counter sue for the money or settle
with him out of court?

Asked on May 2, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can countersue for any money not paid you--either not paid, or paid by counterfeit funds which you then lost: you are legally entitled to be paid for all work you did (There is no claim for simply being paid late, since you ultimately got the money.) Best would be to settle with him out-of-court (if you and he do settle, get it in writing). If you can't, you could and should countersue him for what he owes you if he sues you--as long as you are being pulled into court anyway, you should put your own claim forward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption