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Ex Boss suing me in small claims.

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JohninNev

Junior Member
What is the name of your state (only U.S. law)? Nevada

I'm being sued in small claims court for medical expenses my former boss said he would take care of. I worked for him for over 10 years and when I needed emergency surgery three years ago he said he would take care of the costs. He also told the other employees that he was taking care of the my expenses. He implied that he was doing this because I worked for him so long. In the three years since the surgery he has never asked for the money.
Now that the company has changed ownership and he no longer works there, I received notice that he is suing me for my medical expenses he paid.

He never contacted me verbally or in writing requesting the money. There was no mention of repayment at the time nor were there any written agreements. Does he have a case?
 


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

I'm being sued in small claims court for medical expenses my former boss said he would take care of. I worked for him for over 10 years and when I needed emergency surgery three years ago he said he would take care of the costs. He also told the other employees that he was taking care of the my expenses. He implied that he was doing this because I worked for him so long. In the three years since the surgery he has never asked for the money.
Now that the company has changed ownership and he no longer works there, I received notice that he is suing me for my medical expenses he paid.

He never contacted me verbally or in writing requesting the money. There was no mention of repayment at the time nor were there any written agreements. Does he have a case?
Perhaps your boss said he was taking care of the expenses, but understood you would be reimbursing him at a later date! Unless you can document he verbally committed to the payment of expenses without your need to reimburse him, you are on the hook to repay him as long as he seeks reimbursement before the SOL which allows to recover such debt, expires.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Nevada

I'm being sued in small claims court for medical expenses my former boss said he would take care of. I worked for him for over 10 years and when I needed emergency surgery three years ago he said he would take care of the costs. He also told the other employees that he was taking care of the my expenses. He implied that he was doing this because I worked for him so long. In the three years since the surgery he has never asked for the money.
Now that the company has changed ownership and he no longer works there, I received notice that he is suing me for my medical expenses he paid.

He never contacted me verbally or in writing requesting the money. There was no mention of repayment at the time nor were there any written agreements. Does he have a case?
It appears you will need to show that the payment of your medical expenses was a gift from your former boss. What is essential to show a gift is the capacity of the donor, the intention of the donor in making the gift, "delivery" of the gift from donor to recipient, and acceptance of the gift by the recipient.

Or your former employer would need to show the payment of your medical expenses was a loan.

After three years of no demands by your former employer for payment and nothing in writing that evidences the money as a loan, he might have a difficult task proving you need to repay him. Although he might have a difficult time proving the money was a loan, you can have an equally difficult task proving the payment of your medical expenses was a gift. Here is where the other employees can be helpful to you. You will want their testimony.
 

lance77407

Junior Member
Did you ask your boss why he is suing you after 3 years and the company ownership has changed hands?
May be he is being asked about your medical bills by the new owner?
may be they want him to reimburse them for these bills?
 

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