Legal Question in Employment Law in Tennessee

Employer suing employee for negligence?

My daughter quit her job in June, due to be with us in a family emergency, which took our whole family out of town for over 2 months. Her sister, my other daughter was ill, had two surgeries, one month in hospital, one month recovery.

Her employer is now billing her in July for an order that was returned and refunded by the Manager,back in March,while she was still working there. The employer has threatened to sue her for negligence. The employer has also destroyed her personal property that was mistakenly left there(her books of photo negatives) which are priceless. She destroyed my daughter's property, even though it was requested to be mailed COD, which they've done with all previous employees. The Manager was having my daughter do her work plus that of three others that were fired, months ago, so when my daughter resigned it probably put their business in a real bind. I'd say that's negligence on part of manager. Can they legally sue my daughter for a customer's returned order ($900 approx)and win or send this ridiculous bill to a collection agency?


Asked on 8/31/04, 5:24 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Employer suing employee for negligence?

Anyone can file a lawsuit over just about any subject. The question is whether the lawsuit has any merit. In your daughter's case, the best defense is a good offense. Instead of receiving threats from her former employer that he might sue her, she needs to write him that she may sue the former employer for destruction of her personal property with malice and intent and therefore seek both compensatory and punitive damages. She could also allege that she was doing the work of three other employees due to her employer's inept handling of personnel and sue for back wages not paid to her. I seriously doubt an employer would initiate suit if he knows a counter suit against him will follow maybe for far more than $900.

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Answered on 8/31/04, 9:14 pm


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