AngryBirdNJ
Junior Member
Being Sued by Former Employer?
What is the name of your state (only U.S. law)? NY
Hi everyone, this is my first time posting on here and this one is a doozy:
In late June I accepted a position with a company as a freelance media manager in which had I passed a 2 month probationary period I would become an official employee. After signing the offer letter, I noticed the date was incorrect and asked that it be changed. My request went ignored but, I thought nothing of it. Only a WEEK after working as a freelancer my boss decided to make me a full time employee. In my contract it states that after the 2 month probationary period/becoming a full time employee I would receive a bonus. I was told it was "unfair to other employees" to receive a bonus so soon (despite the great job I was doing only after a week) and would have to wait two months. Fine.
I quickly learned that my boss was extremely abusive verbally (screaming and cursing at me in front of other employees if I did not understand how to do something-example, I have zero experience in video editing which I made very clear to him, yet he forced me to record a webinar he was giving. The setup was slightly different than what he would have liked and instead of trying to help me, he began screaming in my face "Are you f***ing kidding me right now?" in front of 2 other employees). He also called and emailed me nonstop during the weekends, harassing me to do more work. We were working on the launch of his new site and I was acting as the manager on that project with 2 coders and a designer. I was only supposed to be assisting on this project, but the woman who would have been my boss had a heart attack the week I began and eventually resigned. More on that later.
I put up with his abuse because I needed my job and I actually enjoyed what I did, when he wasn't around yelling at me or other employees. I was asked to work all of the 4th of July weekend, despite the fact that I was away visiting family. I was the SOLE employee to work that weekend and received email after email from him. I answered all and did what I had to do. When he got back to the office on July 7th, 2011 he called me to his desk and asked that I close the door. He then told me that because I was such a dedicated employee he was going to give me a 50 inch plasma tv he had in the office. He said it was taking up space and he had no need for it and thought it would be best to give to me since I earned it. I thanked him repeatedly and was told "consider this your first bonus." I rented a truck and had two guys carry it down 3 flights of stairs and home.
Fast forward to September 30th. For the last 2 months I have been suffering anxiety, insomnia, so much stress that I have constant stomach pains. Why? I am verbally abused, harassed, and mistreated by my boss nonstop. I can't handle it anymore so I resign. I offer to ship the company issued laptop and my office keys via UPS immediately. I'm told "no, please don't. it will get damaged, let's make alternate arrangements." Ok. I try to make arrangements and they just keep trying to get me to email them documents. I tell them I'm not at my computer (which I wasn't) and when I get there and have a moment I will (this was a Wednesday). I get an email from my boss' wife on Friday morning stating she is sending a car to my house to pick up the laptop THAT MORNING. I had no notice and I was sitting in the airport when I read that email. I responded immediately and told her sorry, but I was in Dallas, and would have the laptop over to her on Tuesday. Well, a few hours later I receive a letter from their attorney stating I have to give my keys, laptop, AND television back. They are also demanding my cash bonus. I responded with facts to each item, stating I would cooperate and hand back the keys, laptop, and bonus, but the television was given to me as a bonus and I would not be returning that item. In my offer letter (which I have asked 3 times for a copy of the original, twice to my employer and I asked his lawyer once-all requests have been ignored) there is a clause stating that I have to give the bonus back should I resign within 60 days of receiving it. Fine. However, my contract changed, I never received a new one, AND I resigned 86 days after receiving the TV.
I was also told that I am solely responsible for delaying the site launch which has resulted in hundreds of thousands in lost revenue (this is not true, he has a membership based site and he was lucky if he even had 5 members a week signing up). How could I have delayed it when my boss had not even finished writing the content for it until last week? I did everything I could to ensure it was being moved along. I did not sign a contract stating I'd stay until the project was completed (it was about 90% done anyway) and had my boss treated me respectfully after I told him TWICE that he was mistreating me, I would have at least stayed on through the end.
His lawyer is now threatening litigation unless I return all items. I seriously feel this is in retaliation to my resignation letter in which I stated I was mistreated and wished to end my employment there. I really believe he is afraid I am going to sue because he is currently being sued by the woman I mentioned who had the heart attack. Her doctor believed it was caused due to stress as she was an athlete, very healthy, no history of a heart condition. It baffled the doctor that he could not figure out what was wrong with her. After speaking to others it became clear it was stress related and so she is now suing my former employer (he also harassed her while she was in the hospital-what a gem).
How should I proceed? I can't really afford a lawyer right now.
What is the name of your state (only U.S. law)? NY
Hi everyone, this is my first time posting on here and this one is a doozy:
In late June I accepted a position with a company as a freelance media manager in which had I passed a 2 month probationary period I would become an official employee. After signing the offer letter, I noticed the date was incorrect and asked that it be changed. My request went ignored but, I thought nothing of it. Only a WEEK after working as a freelancer my boss decided to make me a full time employee. In my contract it states that after the 2 month probationary period/becoming a full time employee I would receive a bonus. I was told it was "unfair to other employees" to receive a bonus so soon (despite the great job I was doing only after a week) and would have to wait two months. Fine.
I quickly learned that my boss was extremely abusive verbally (screaming and cursing at me in front of other employees if I did not understand how to do something-example, I have zero experience in video editing which I made very clear to him, yet he forced me to record a webinar he was giving. The setup was slightly different than what he would have liked and instead of trying to help me, he began screaming in my face "Are you f***ing kidding me right now?" in front of 2 other employees). He also called and emailed me nonstop during the weekends, harassing me to do more work. We were working on the launch of his new site and I was acting as the manager on that project with 2 coders and a designer. I was only supposed to be assisting on this project, but the woman who would have been my boss had a heart attack the week I began and eventually resigned. More on that later.
I put up with his abuse because I needed my job and I actually enjoyed what I did, when he wasn't around yelling at me or other employees. I was asked to work all of the 4th of July weekend, despite the fact that I was away visiting family. I was the SOLE employee to work that weekend and received email after email from him. I answered all and did what I had to do. When he got back to the office on July 7th, 2011 he called me to his desk and asked that I close the door. He then told me that because I was such a dedicated employee he was going to give me a 50 inch plasma tv he had in the office. He said it was taking up space and he had no need for it and thought it would be best to give to me since I earned it. I thanked him repeatedly and was told "consider this your first bonus." I rented a truck and had two guys carry it down 3 flights of stairs and home.
Fast forward to September 30th. For the last 2 months I have been suffering anxiety, insomnia, so much stress that I have constant stomach pains. Why? I am verbally abused, harassed, and mistreated by my boss nonstop. I can't handle it anymore so I resign. I offer to ship the company issued laptop and my office keys via UPS immediately. I'm told "no, please don't. it will get damaged, let's make alternate arrangements." Ok. I try to make arrangements and they just keep trying to get me to email them documents. I tell them I'm not at my computer (which I wasn't) and when I get there and have a moment I will (this was a Wednesday). I get an email from my boss' wife on Friday morning stating she is sending a car to my house to pick up the laptop THAT MORNING. I had no notice and I was sitting in the airport when I read that email. I responded immediately and told her sorry, but I was in Dallas, and would have the laptop over to her on Tuesday. Well, a few hours later I receive a letter from their attorney stating I have to give my keys, laptop, AND television back. They are also demanding my cash bonus. I responded with facts to each item, stating I would cooperate and hand back the keys, laptop, and bonus, but the television was given to me as a bonus and I would not be returning that item. In my offer letter (which I have asked 3 times for a copy of the original, twice to my employer and I asked his lawyer once-all requests have been ignored) there is a clause stating that I have to give the bonus back should I resign within 60 days of receiving it. Fine. However, my contract changed, I never received a new one, AND I resigned 86 days after receiving the TV.
I was also told that I am solely responsible for delaying the site launch which has resulted in hundreds of thousands in lost revenue (this is not true, he has a membership based site and he was lucky if he even had 5 members a week signing up). How could I have delayed it when my boss had not even finished writing the content for it until last week? I did everything I could to ensure it was being moved along. I did not sign a contract stating I'd stay until the project was completed (it was about 90% done anyway) and had my boss treated me respectfully after I told him TWICE that he was mistreating me, I would have at least stayed on through the end.
His lawyer is now threatening litigation unless I return all items. I seriously feel this is in retaliation to my resignation letter in which I stated I was mistreated and wished to end my employment there. I really believe he is afraid I am going to sue because he is currently being sued by the woman I mentioned who had the heart attack. Her doctor believed it was caused due to stress as she was an athlete, very healthy, no history of a heart condition. It baffled the doctor that he could not figure out what was wrong with her. After speaking to others it became clear it was stress related and so she is now suing my former employer (he also harassed her while she was in the hospital-what a gem).
How should I proceed? I can't really afford a lawyer right now.
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