Legal Question in Civil Litigation in New York
Former Employer is threatening to sue me
Can my former employer sue me for ALL of the payroll he has paid me over the course of 13 months? He is claiming that I lied on my resume, and he would have never hired me in the first place, so I OWE THE COMPANY every penny they paid me in salary. He is also claiming that I converted company funds, via a corporate credit card as well. I had several cards in the company name used for business, and this would be his word against mine situation, since there was no agreement in place as far as reporting.
2 Answers from Attorneys
Re: Former Employer is threatening to sue me
You win on the salary issue but you may loose on the company expense issue if you do not have adequate receipts and justification for your expenses (e.g. filing an expense report).
Re: Former Employer is threatening to sue me
Can the employer sue you? Yes.
Will they win? It's unlikely that they'll recover salary - although training costs for your replacement are something that they might more plausibly claim.
As to the expenses, while you state that it's your word against the employer, you'll need to guard against the potential problem that if they can establish that you lied on your resume, the finder of fact may draw an inference that you also lied as to your expenses.
If you're in the New York City metropolitan area and would like to discuss this further, please feel free to get in touch.
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