previous employer wanting to sue

I left my employment March 14th after nearly seven years. I was offered a like position at another company with a $6,000. increase. At the time I left, I was paid my full salary but I wrote a check back to the company for the 12 hours I did'nt not work. After thinking about it, I realized that the company owed me about $600. in sales bonus that I had earned over the last 4-1/2 months,therefore I put a stop payment on the check I wrote. Today my old employer called me at my new job, asked for an explanation, which I told him and he said "Bring me the money by this evening or I will prosecute you!" What should I do? What can he do?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ramona:
I left my employment March 14th after nearly seven years. I was offered a like position at another company with a $6,000. increase. At the time I left, I was paid my full salary but I wrote a check back to the company for the 12 hours I did'nt not work. After thinking about it, I realized that the company owed me about $600. in sales bonus that I had earned over the last 4-1/2 months,therefore I put a stop payment on the check I wrote. Today my old employer called me at my new job, asked for an explanation, which I told him and he said "Bring me the money by this evening or I will prosecute you!" What should I do? What can he do?<HR></BLOCKQUOTE>


My response:

Oh, he can try suing you, but he's barking up the wrong tree. He's probably thinking of the laws concerning "bounced checks" and confusing that with "Stop payment." Also, there was no "consideration" for your check; i.e., it was "unilateral." Therefore, you can stop it prior to it being cashed based upon a mistaken belief. Tell him to pound sand.

You know what? On second thought, tell him to sue you. That you WANT him to sue you, but don't tell him why !! Then, you can countersue him for your wages, along with penalties and fines. That'll show him.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited April 05, 2000).]