Legal Question in Employment Law in Texas

What should I do?

I'm being sued in small claims court by my former employee for his last paycheck ($300). He was hired as an independent contractor for my new small roadside assistance company. He worked for about 3 months until last week when I told him he was fired. I normally paid him the same day he turns in invoices but seeing as how he was no longer working for me the invoices need to be verified first. I told him he would be paid within 2 weeks. He also has at least $100 in tools I loaned him that he has not returned. I never had him sign any paperwork when hired and always paid him cash. Now I have court fees and will be loosing out on business when I'm in court. Should I counter sue? I think this is all ridiculous.

Would the judge not agree that 3 days after being fired is a bit hasty to sue someone?


Asked on 6/24/10, 8:38 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You should counter-due for the tools. In your counter-suit, allege how much you think you owe him, and show how it is calculated.

The "hasty lawsuit" factor won't be a factor.

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Answered on 6/25/10, 10:47 am


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