former friend is threatening to sue us!

[melilot]

What is the name of your state? - Illinois

We have a small non for profit arts organization, run mostly by volunteers. We had a freind offer to do our books. We spent money on a consutant to train him. We offered to pay him a small hourly wage because he is unemployed. This was a bad idea- he would bill us for hours of just "hanging out" and not keep the books correctly. We dismissed him after a few months when things were obviously being done wrong. He had no contract with us- it was an arrangement in "good faith". We had to rehire the consultant to fix all of the employee's mistakes, at a cost of $500. The employee sent us a letter saying we owed him back pay (for a job not done right!) We sent him a check for the amount owed MINUS the $500 it took to fix his mistakes. Now he is threatening to sue for $900 ( the amount he says we owe him). I think he is insane- he had no contract with us at all, and is unemployed, angry and desparate. We have no money- we operate at a deficit at this point (thanks in part to his mistakes in the books!)

Do you think he can sue us succesfully?
-m

 

[I AM ALWAYS LIABLE]

What is the name of your state? - Illinois

We have a small non for profit arts organization, run mostly by volunteers. We had a friend offer to do our books. We spent money on a consutant to train him. We offered to pay him a small hourly wage because he is unemployed. This was a bad idea- he would bill us for hours of just "hanging out" and not keep the books correctly. We dismissed him after a few months when things were obviously being done wrong. He had no contract with us- it was an arrangement in "good faith". We had to rehire the consultant to fix all of the employee's mistakes, at a cost of $500. The employee sent us a letter saying we owed him back pay (for a job not done right!) We sent him a check for the amount owed MINUS the $500 it took to fix his mistakes. Now he is threatening to sue for $900 ( the amount he says we owe him). I think he is insane- he had no contract with us at all, and is unemployed, angry and desparate. We have no money- we operate at a deficit at this point (thanks in part to his mistakes in the books!)

Do you think he can sue us succesfully?
-m

My response:

Can he sue you successfully? You bet he can!

Where did you get the idea that you needed a written contract? Whether you believe it or not, you hired him as an "employee" - - and a paid employee, at that!

It doesn't matter whether he did the job correctly or not. That's irrelevant under the law, and you had absolutely NO RIGHT to take a "set-off" against his wages for what you believed you were entitled to as a refund for hiring someone else.

That's called "self help", and that's "verboten" under the law.

IAAL