Employer stating i stole from him, he has not paid me my final paycheck.

This is a discussion on Employer stating i stole from him, he has not paid me my final paycheck. within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; The county health district was doing an investigation into my employers farm. They stopped by one day and asked me some questions. I was fired that same day. My employer ...

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  1. #1
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    Employer stating i stole from him, he has not paid me my final paycheck.

    The county health district was doing an investigation into my employers farm. They stopped by one day and asked me some questions. I was fired that same day. My employer refused to pay me my last weeks pay. I went to L&I. Less than a week after going to L&I, my employer showed up at my house (Clearly marked 'no trespassing signs') and stated that i had equipment of his (he had gifted me some equipment in the past). I told him he was trespassing on private property and he needed to leave or i would call the police. He then started walking around my property at which my brother and mom walked out and continued to tell him to leave. At this time i was on the phone with the 911 operator. He eventually left after about 5 minutes or so. I filed a police report. About a month later he wrote a "story" about me on his blogspot making statements concerning my unemployment benefits and such and accused me of stealing from him. He has now filed with small claims court and i was recently served papers. He also found it necissary to take a picture of me with the court papers when he had his employee serve them to me with a sign saying 'i got served'. Its interesting because I don't go to this bar often (maybe once a year) and it is 45 minutes away from where he resides and the papers are dated for that day. Stalking me maybe?

    In all, he has lied to L&I of which i have proof based on public records and phone records placing me at his business on the days he is saying i never worked. He has also refused to leave my property forcing me to call 911 at which an officer called him to tell him not to come back.

    How strong is my defense?

    Can I counterclaim for Defamation of Character?

    I plan on talking to a lawyer, can i counterclaim for the cost of hiring a lawyer?

    Last edited by rigby; 12-25-2011 at 01:54 AM.

  2. #2
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    Generally you would be able to sue through the use of a counterclaim but I am not sure if it works that same way. Also small claims courts are limited to $5,000. You may want to consider regular legal action for defamation and other charges your lawyer can think of. In small claims court, you will need to show that the property he has given you were gifts.


 

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