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Asked 10 months ago - East Jordan, MI
FlagOriginal claim was $1650.00 in unpaid earnings//Defendant's lawyer filed counter-claim for $2500.00, claiming letter to Def. requesting payment was an attempt to blackmail/extort.I have filed an answer to this accusation to clairify what the intent of the letter was and pointed out that the letter clearly stated that I did not wish to have to resort to legal action to resolve the matter and requested they be reasonable.When Defendant.s lawyer filed his counter-claim he also had the case removed from Small Claims. From everything I've gathered thus far, the Def. counter-claim of blackmail/extortion doesn't apply.My questions are:Can I get the Def. attorney fees thrown out along with counter claim, how? Can I amend my original $1650.00 to include punitive damages (emotional/physical),how?
(1) Defense lawyer's claim of "extortion" is BOGUS.
-----Answer his complaint by stating that he failed
to show a proper cause of action. Extortion
is a CRIMINAL count not a CIVIL one. You
were simply "negotiating" with boss/company.
-----"Pre-Lawsuit Negotiations." That's NOT a crime.
As long as you didn't threaten them of course!
(2) You'll have to check to see if you need the judge's
permission to AMEND your complaint. You might
have to file a motion: "Plaintiff's Motion to Amend
Complaint."
(3) If you FAIL with the above then file your "Summary
Disposition" to see if you can get their counter-suit
"kicked."
(4) If all else fails "take 'em to TRIAL." Believe me . . .
Defense lawyer doesn't want to take this "turkey"
to trial.
(5) You CANNOT have "punitive" damages for a contractual
case (that's what this really is) or for back wages.
(6) You CAN claim, however, "Intentional Infliction of
Emotional Distress" in employment cases WHERE the
employer has violated "public policy" such as terminating
you AFTER you got injured on-the-job. [See: Phillips v.
Butterball Farms]. But this DIDN'T HAPPEN HERE!
(7) Hope this was helpful. Good luck!
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