Can my employer sue me for attorneys fees? I was fired from my job and my employer withheld my final pay for over a month. Per the California labor code he owes me 30-days worth of wages as the penalty for not paying on time. If I go after him for the money can he come back afterward and sue me for attorney fees?
2007-08-17 12:27:06 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Lawyers are told in law school that you can "sue the bishop of boston for bastardy". Yes, he can sue you. Normally, cases like this are heard at the same time by the same judge.
If you sue him for the extra 30 days of pay, and win, the judge will dismiss his cross complaint. If you lose, but the judge thinks you had a reasonable basis for the lawsuit, the judge will dismiss his cross complaint. If the judge decides your suit was frivolous, you will probably have to pay your former employer's legal fees.
2007-08-17 12:39:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you win, they may have to pay YOUR attorney's fees. If you lose, they would probably either be awarded attorney's fees in a counter suit in the original case, of consider it a cost of doing business.
2007-08-17 13:37:59 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
No, the general rule in the US is that everyone pays their own attorney's fees except in special circumstances such as products liabilty, etc.
2007-08-17 12:36:03 · answer #3 · answered by TeddyBear121 3 · 0⤊ 0⤋
No, he can't. It's ultimately your employer's fault that attorney's were consulted and utilized to begin with - so the onus is on them to pay. They tried to pull a fast one on you and get away with something they knew better. You don't owe them a dime.
2007-08-17 12:35:34 · answer #4 · answered by vamedic4 5 · 0⤊ 0⤋
I doubt it. What are you afraid of? Go for it.
2007-08-17 12:35:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Only if you lose.
2007-08-17 12:39:20 · answer #6 · answered by Hillary 6 · 0⤊ 1⤋