Overpayment after leaving company

[Fabierkiewicz]

I left a company after being severely harassed by my Manager, he was trying to force me out. I filed a harassment complaint and nothing was done. I left and told them it was under duress. I was told verbally that they would "see what they could do" about a severance package.
They continued to pay me for four months and I assumed this was my severance (the company was in the middle of a takeover and had previously let go several people, paid them severance via payroll to get around cash flow issues).

They are now suing me for repayment of the funds (Almost $12,000). I am still unemployed, having difficulty getting work, going into debt. I can't afford a lawyer and am trying to get basic advice from lawyer friends. This is a $50 billion company.

Will my argument that I assumed the payments were severance hold up in court? Can I countersue for harassment now (it's been almost one year since I left)?

 

[ALawyer]

You can counterclaim if they sue you -- but you really need a lawyer as it will cost a lot less than $12,000 to get really great advice. And otherwise you lose. Also a lawyer may be able to get them to back off if they sense he will sue them unless they drop the claim in which case you drop yours. ANd there may be a short statute of limitations, so do not delay!