Jump to content

Being sued by an idiot!!


Recommended Posts

Help. im being sued by my old employer, well actualy i was independant contractor. he was advancing me money each week, and then deducting it from my commisions at the end of each month. well, i got ahead in my advances and then got in argument with him over some things, (he kept deducting or charging me for stuff that i know he fixed the books in his favor and took it out on me as theloss and pocketed the real money) so in the end, it looked like i was always behind in what he gave me. he also verbally agreed to award me my $4,000 commisions bonus for reaching my goals. all we had was a piddly little microsoft word 2 page contract. i ended up leaving the business and taking another job. well here it is almost 2 years later, and he served me papers stating I owe him ten grand??!!!!

Not only is he an *******, but greedy and sick. i made him at least 100,000 in pure profit, and got ripped off by him paying me way under the norm in commsions, hitting me for deductions, etc. and to have the AUDACITY to say i owe him money?!! wow, lol.

i realise in court, NONE of my ramblings mean squat and are as worthy as the ink used to write them.

so, he is mr fancy pants with his lawyer that draws up a case, that looks awesome when reading it. looks like i totally screwed this guy, i owe him the money, period. end of story.

problem, is I do not have the time, nor the money to do the same thing. i know in my heart i should only on a good day owe this guy maybe 2grand or so, NOT TEN!

i need to show up to "answer" on 12/23 (nice guy) what are my options? i already showed up last month and asked for time to get a lawyer, all that did was delay the pain.

he (plaintiff) is willing to settle outside of court..lol...so i would owe him for like the next 3 years or something crazy. lol! the nerve of this guy. and on top of it all..,the others in the company are STEALING and robbing him blind! no wonder he feels he is always not making money, its becaue the guys in the other office (the one he is never in cause its on other side of country) are ripping him off blind! thats what pisses me off more. i find the #1 highest billing customer in company, do honest business, make a name for his company, and generate substantial overall profit. and he sues me? wow.

sorry for the rant, but what are my options onthe 23rd? can i show up ther without a lawyer and ask for more time to find one? can I request a jury trial or somethin? can i ask for more time to prepare my case? this sucks, because people with money to hire lawyers will always win, because they have allthe fancy documents, procedures, and leverage over someone like me who over the past 1.5 years lost all the docunmentation on my earnings and stuff because i thought this idiot just realised things and let it go. apparently not.

please help! thanks

Link to comment
Share on other sites

nope, illinois, and this guy aint gonna not show up. i just know that in court and if done and heard properly, his numbers will not match or show that I owe, not to mention he would have to lie under oath that he didnt say he would honor the 4grand to me. overall he's bitter because he hacked into my email account and read that i was looking to change jobs, and took it upon himself to think i was going to stiff him high and dry, which actually was NOT true, farthest from it. i had plans to make sure we were even stevens, but when i found out he read my emails i got mad and said fine, then i aint comin back.

Link to comment
Share on other sites

I am real familiar with the draw vs. commission pay plan. Car Dealers have been hammered by the DOL so hard that most all pay salaries now to avoid problems.

I know in my home state, GA, that if they give you specific instructions and/or times to appear for work you are not a "general contractor" you are an employee. If your title or duties would give the appearance of being an employee you are an employee. Lots of contractors use this to attempt to circumvent workers comp requirements.

Check your state requirements..

There have been cases where the quasi employees have sued their employers for their share of FICA, Medicare taxes and medical bills from being "hurt on the job".

Pandmel

Link to comment
Share on other sites

thanks all, i went and appeared and aksed for time to hire an attorney to defend myself because i deny and do not agree with the charges being brought against me.

tommorow, i go back with my answe (costs me $150 to answer!! not refundable or returnable, imagine that, you can bring suit against someone, and they have to pay $150 bucks and if they dont, you could get a default judgement, its that easy.

so, i have no choice other than to pony up the 150. i found a hot shot lawyer, and i think he thinks that im just gonna blow it off, or ask for a continuance or something, he has NO IDEA I found a hot shot lawyer, who put me on a payment plan and installment agreement and drew up some fancy legal jargon defenses and stuff. his big fat cheap suit wearing sweated brow cheesy attorney will faint when he sees this. i've been playing the "whoas me, poor me, im broke, scared, dont know what to do " angle, he said well if you agree to settle out of court for the 10 grand and go on a payment plan, ill "call off the dogs", i said no way, ill figure something out,

friday is the day, we'll see

Link to comment
Share on other sites

It might be a little late for this to help, but you should check into the suit that was brought against Microsoft a few years ago by their "independent contractors". Seems these folks noticed all the perks that were flowing to the "real" employees, and thought they should be in on the money. The courts found in their favor, and Microsoft wound up re-classifying a bunch of them. And then, the IRS noticed that Microsoft had NOT been withholding taxes and paying the employer's portion of FICA and the like...so Microsoft wound up getting zapped twice.

Bottom line...if he called you an independent contractor, but, failed any of the 20 odd tests the IRS has for determining your real tax status...turn him in to the IRS. They'll levy taxes first and sort out the details later.

Link to comment
Share on other sites

You could always fill out a Form SS-8, and send to the IRS, and they will determine if you were an employee or indpendent contractor. Publication 15A defines the legal differences between employees and contactors.

There are three characteristics to consider:

1) Exclusivity (do you do the work for more than one company)

2) Tools (who owns the tools, computers, desks being used to perform the work)

3) Control (who determines when, how, and where will work be performed)

Link to comment
Share on other sites

  • 3 weeks later...

LOL. I'm sorry for what you're going through and I truly hope you're able to get some things resolved, but your title was/is hilarious! "Being sued by an idiot." Honestly, that's why I clicked on it...lol.

You should write a book and name it that. On the cover should be a bald, sweaty guy with a name tag that says, "Plaintiff Attorney." LOL!!

Good luck. I wish I could offer some useful advice but it looks like ya got some! :)

Elyse

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.