I own a business and work 20% of total hours it is open.I got sick 3 months and my employee took his wages without my permission while i was sick.Problem is he took 20% more in wages cause he worked my 20% of time.I say he embezzled.He told me when i came back from my illness after 3 months, then i fired him 5 weeks later, and gave him his vacation pay.I say he embezzled in front of employees and customers and he wants to sue for defamation.Does he have a valid claim for taking wages without permission and or does he have valid defamation claim?
Someone saying they are going to sue and actually suing are two different things. If you have insurance coverage him saying he is going to sue may be an action that requires you give notice to your insurance carrier for possible coverage. Otherwise, not much you can do to stop someone from suing you based on valid or invalid reason. That's why you have business insurance to cover such things if suit is filed and to defend you against such actions. If you don't have insurance you could hire an attorney now to contact him directly and resolve the dispute before suit is filed. Just think like Trump as he has done this multiple times in the past.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
So. You had a business and you took off for three months. And you expected an employee to work without pay? For three months? And do your job too? Seems a bit odd.
You might be able to report the embezzlement to police--they and the DA will determine if there is a basis for bringing charges.
You may have charges and suit yourself if you failed to comply with your states wage laws.
Best if you meet with a local attorney and that attorney can unfarkel the messy details and see what your best course of action is.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline