Crazy ex-boss wants to claw back salary

[fardooste]

What is the name of your state (only U.S. law)? NY

Years ago, I quit a job and gave 2 weeks notice. They weren't happy, and threatened to sue my new employer for poaching unless I stayed. I have an audio clip of this. Fast forward some years, and now he wants to sue me to claw back salary he paid me. I was a 1099 contractor.
1. Is there such a thing as this?
2. If yes, is there a statute of limitations on this?
3. Being as I have the audio clip, are they committing a crime with this lawsuit, that it is clearly for revenge purposes because I dared to leave?

 

[justalayman]

yes there is a statute of limitations


Not sure whether he has a valid cause of action since you do not really say what money he is seeking.


why do you believe they may be committing a crime? I do not see one from what you describe.

 

[fardooste]

yes there is a statute of limitations


Not sure whether he has a valid cause of action since you do not really say what money he is seeking.


why do you believe they may be committing a crime? I do not see one from what you describe.

He is claiming I goofed off on company time, and studied certifications on company time.
He knew this beforehand and still paid me. My job was to wait for him to give me work. I studied certs relevant to my job, and goofed off when there was no work. They had no claims against me until I gave 2 weeks' notice.
I have audio proof of this, and of them threatening to bring frivolous lawsuits as revenge.

 

[LdiJ]

He is claiming I goofed off on company time, and studied certifications on company time.
He knew this beforehand and still paid me. My job was to wait for him to give me work. I studied certs relevant to my job, and goofed off when there was no work. They had no claims against me until I gave 2 weeks' notice.
I have audio proof of this, and of them threatening to bring frivolous lawsuits as revenge.

How long ago was this? Has he actually filed anything or is he just making threats?

 

[fardooste]

How long ago was this? Has he actually filed anything or is he just making threats?

He is making threats now. I left in 2010.

 

[LdiJ]

He is making threats now. I left in 2010.

Its highly unlikely that anything could go beyond threats...it was 5 years ago when you left.

In addition, if you were paid on a 1099 then you were not an employee. Even if it was just 5 months ago instead of 5 years, to attempt to claim that you goofed off or studied for certifications on company time would put HIM at risk of having misclassified you.

 

[justalayman]

The statute of limitations appears to be 6 years so he could still mount a suit that would not be dismissed on an sol defense.

Given the minimal info provided I suspect such s suit could be adequately defended to allow you to prevail.

Just curiosity but this was 5 years ago. What fired him up such that he would say something now?

 

[fardooste]

The statute of limitations appears to be 6 years so he could still mount a suit that would not be dismissed on an sol defense.

Given the minimal info provided I suspect such s suit could be adequately defended to allow you to prevail.

Just curiosity but this was 5 years ago. What fired him up such that he would say something now?

His company is moribund now, and he is looking to settle old scores I guess.
The SOL for what is 6 years? employee fraud?

 

[Zigner]

His company is moribund now, and he is looking to settle old scores I guess.
The SOL for what is 6 years? employee fraud?

You weren't an employee if you were a contractor. Whether or not you were improperly classified is can of worms he probably doesn't want to open. He's blowing smoke. IF you are served with something, address it at that point. Other than that, ignore him.

 

[eerelations]

This whole scenario sounds soon familiar! I think we heard from this employer about a year or so ago on ExpertLaw...and we strongly advised him to drop the matter, it was a dead issue and wouldn't go anywhere except cost him money. But hey! No one listens to us anyway (as evidenced by this thread).