i am being sued by my former employer what kind of attorney should i get

by Tad Runte 7 min read

You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible.

Full Answer

Can I sue a former employee for negligence?

Sep 04, 2013 · I am now being requested to give a video deposition in the case, representing my former firm. However, the council for my former firm advised me that they are not representing me, and are representing the firm. Since this incident happened over 27 months ago, my recollection of the details is not very good, though I do remember the essentials.

What to do if a company is sued by another company?

Jan 24, 2019 · That being said, the former employees must be willing to significantly compromise from being free at no cost. And, when faced with an unreasonable or entrenched former employer, there is no shame in waiving the white flag and agreeing to stop the competition or even agree to reset the non-compete period in order to avoid costly litigation that ...

Do I need a lawyer to sue my employer?

Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property ...

Can an ex-employee sue an employer?

Can my ex employer sue me?

The short answer is yes, and these are the most common reasons an employer can sue an employee successfully. While it is more difficult for an employer to sue an employee than vice versa, there are many valid legal reasons that an employer may bring a cause of action against an employee (or ex-employee) and win.

Does suing a company affect future employment?

Answer: Yes, it is illegal retaliation to not hire an applicant because they sued their previous employer. Suing a former employer can put job applicants in a tough spot.

Is it worth suing your employer?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.May 24, 2013

Can I sue my employer for emotional distress?

You can sue your employer for the emotional distress that they have caused. In many cases, if you have reported this to your boss and no action was taken, the courts will side with you since the employer took no course of action. You can sue for damages that this emotional distress has caused.

Step 1: Review The Case With An Attorney

The first thing you should do when you receive the suit papers is review them carefully with an experienced business lawyer. Attorney Braden Perry...

Step 2: Inform Your Insurance Provider of The Complaint

A variety of business insurance policies exist to cover companies in the event of a lawsuit. Ted Devine, CEO of online small business insurance age...

Step 3: Decide How to proceed and Respond to The Complaint

When you receive a lawsuit, you are issued a deadline to submit a written response to it, typically within 30 days, although this may vary from sta...

Step 4: Find A Defense Attorney (If You Don't Have One)

If your company has a lawyer on retainer or your insurance carrier is providing an attorney, you won't need to take this extra step to find someone...

During and After The Case

The litigation process can be long and stressful, but here are a few pieces of advice to follow throughout the case and beyond.Don't try to cover a...

What is the purpose of paragraph 23 of the Plaintiff's complaint?

Paragraph 23 in the Plaintiff’s Complaint: Employer sent a letter to employee requesting return of company property, certification he/she has retained nothing, and assurances of compliance with post-employment restrictive covenants. Employee never responded.

What is non-solicitation agreement?

However, if you try to move your top customer that was developed from a lead the company gave you, you’re waving a red flag in front of the bull. Non-solicitation agreements are viewed under the same framework as non-compete agreements, so reasonableness is the key to enforcement.

Who is Alyson Brown?

Alyson Brown represents employers and executives in all facets of the employment relationship. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Brown has tried cases in state and federal courts throughout Texas and in other states. She represents clients in a broad range of industries, including health care, banking, energy, high-tech, retail, manufacturing, hospitality, and nonprofit organizations. She can be reached at [email protected].

What is fiduciary duty?

While someone is still employed, they have a duty of loyalty to act in the best interest of their employer. The fiduciary obligation means that employees (both at-will and contractual) cannot solicit company clients or other employees prior to departure. This obligation not to solicit may extend post-departure if an employee has a contract with a customer or an employee non-solicitation provision.

How many jobs will millennials have?

Forrester Research predicts that millennials will hold 12-15 jobs in their lifetime. Job transitions often lead to litigation with a former employer. Executives must be aware of the most common claims that employers bring against departing employees.

Can a non-compete be enforced in Texas?

Third, non-compete agreements can be enforced in Texas if they meet the statutory requirements. Ten years ago, it was relatively easy to avoid enforcement of a non-compete. In recent years, however, Texas courts have reviewed non-compete agreements more favorably.

What is fiduciary obligation?

The fiduciary obligation means that employees (both at-will and contractual) cannot solicit company clients or other employees prior to departure. This obligation not to solicit may extend post-departure if an employee has a contract with a customer or an employee non-solicitation provision.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

What is an answer in a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

What to do if you have been served with a summons?

Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. Remember that if you do nothing, the person suing you can ask the court for a money judgment against you!