Legal Question in Employment Law in California

I resigned from my job in May of 2010. I was then contracted to work on an event for the company. I have a signed contract stating I would be paid ten days post event. I have not been paid in full yet. When I inquired about payment my old boss brought up what he says was an overpayment of $8600 in bonuses from the 2008 fiscal year. He then stated that he will forgive the money I owe him for the overpayment if I forgive the money he owes me from the event. So my question is can he really go after me for the bonus overpayment? Is there a stauate of limitations on these types of issues? For instance, why did he wait until mid 2010 to try to recoup the money? Further, he asked that i sign a waiver for the mutual debt forgiveness item above. What is my course of action here?


Asked on 11/08/10, 2:21 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

He has no right to offset his claims against you. Non employees with contracts get to sue on their contracts. If it is under $7500 do so in small claims court.

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Answered on 11/13/10, 2:36 pm


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