Legal Question in Employment Law in New Jersey
Does my employer have a legal right to threaten to sue me for lack of performance that has caused delay in the company's revenue? Certain tasks were assigned to me that I should not perform due to discrepancies with my primary responsibilities. I did agree to temporarily perform the tasks given and fell behind on my own responsibilities. After being overworked and multiple attempts to advise the CEO to hire someone for the position, I decided to seek other opportunities elsewhere and submitted my resignation. The CEO seemed ok with my decision at first, but as the days passed leading to my last day at work, he's asked me to stay longer, while subtly threatened me with legal obligations due to the financial condition of the company.
1 Answer from Attorneys
An employer cannot generally sue an employee for damages based on the employee's performance unless there is a fiduciary relationship (a special relationship of trust), criminal behaviour, or sometimes where a professional licence is involved. Otherwise, an employer's recourse against an employee whose work is poor is termination. � See also: http://info.corbettlaw.net/lawguru.htm