Legal Question in Employment Law in California

Re: Frivolous Lawsuit by a former employee

IF, and only if, you contest the lawsuit, and win it unconditionally, you might be able to bring such counter suit, but only against the plaintiff, not their attorney, unless he did something more 'willfully wrong' than simply representing his client in a dispute. If you had such a perfect defense of 'frivolous' case, you should/would have been able to get it dismissed early on, which would have given you 'better' grounds for counter suit. You didn't, it would appear. If you mediate and settle, you'll have no case. You'll find that most attorneys would advise you not to file such suit, because it would be difficult to win, and would be against someone who probably has nothing to collect against, or could go bankrupt. You'd spend substantial time and attorney fees, wasted, generally.

Re: Frivolous Lawsuit by a former employee

You can always file what is called a 'cross claim' in CA provided that you have facts which would support it. However, if your only theory is that the lawsuit is frivolous, then you will have to get a judgment on the merits in your favor in your present suit. That is one of the elements you need to establish for a claim called 'malicious prosecution.' These claims are relatively difficult to prove. If you settle at mediation, you will likely be foreclosed from brining this type of claim.

With both cases you face, you should retain an attorney to protect your interests.

Feel free to contact me if serious about legal representation.

Good Luck.