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  #1  
Old 12-16-2008, 12:04 PM
Junior Member
 
Join Date: Dec 2008
Posts: 3

Debt collection while a wrongful termination case is pending.


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

From July 2006 to January 2008 I used to work for a company that provided me with relocation assistance. In January 2008 my job was terminated, which, I believe, was wrongful. I have submitted a case with the EEOC because I believe my job termination was based on national origin, race, and/or color. In February 2008, the company contacted me demanding the repayment of the relocation amount (the obligation to repay in case of a termination was specified in my offer letter). I immediately contacted the company’s HR department saying that I had no job and no income, and asked the company to dissolve the relocation amount. I have not heard from them since. This December I received a letter form a debt collecting agency asking me to repay the relocation amount. I contacted the company again and they told me that they still consider the relocation amount as a debt. I sent a letter to the agency asking to validate the debt and still awaiting their response.

Do I have the legal right to stop the debt collector from demanding money from me for as long as my wrongful termination case is pending with the EEOC? What can I do if they continue their demands regardless of the fact that my termination and therefore the validity of my debt are being disputed? Could I sue them for harassment?

Thank you!
  #2  
Old 12-16-2008, 12:08 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Q: Do I have the legal right to stop the debt collector from demanding money from me for as long as my wrongful termination case is pending with the EEOC?

A: No.



Q: What can I do if they continue their demands regardless of the fact that my termination and therefore the validity of my debt are being disputed?

A: Pay the debt. Or fight the debt in court if you get sued.



Q: Could I sue them for harassment?

A: Anyone may sue anybody for anything at any time for any reason.
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  #3  
Old 12-16-2008, 06:54 PM
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Join Date: Dec 2008
Posts: 3
Thank you, seniorjudge for your quick response.

Could you please provide me with more information in you responses. Any kind of extra information /any links/ legal rules/ articles relevant to my scenario that would be great.

Also, you had mentioned that I have 2 options, I have are pay the debt or I can defend this debt in court, If I get sued.

Is there a possibility that I can counter sue them, if my company decides to sue me, first?

What I am trying to ask is, is there some kind of priority/hirearchy, that goes into sueing/filing a lawsuit.
Meaning, If I sue first before my company does, will my case have more validity/ you know like be stronger and vice-versa or there is no such thing like that?

I know, I can get a notice of right to sue from EEOC, anytime, but must file a lawsuit with in 90 days.
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