former boss threatening to sue should I counter sue?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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