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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience:  25 years practicing law
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My Ex-Employer from almost a year ago has sent me a letter

Customer Question

My Ex-Employer from almost a year ago has sent me a letter saying I owe him $7,500 from his lawyer. They have demanded a response within 10 days. A line by line Excel spread sheet wanting a response for each item with a dollar value next to each item for the missing inventory. Should I have legal representation or should I settle with him and make an agreement? I contacted his lawyer and he said the ex-employer is willing to work this out and make arrangements. I fill as if I owe about $3,000 of it but I would like to drag it out. This guy lied to me on my compensation plan.
Submitted: 2 years ago.
Category: Business Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Is there any danger of criminal charges being filed?

What does this concern as to inventory?

Customer: replied 2 years ago.

I was in outside sales for his company. He is based in South Carolina and I was based in Georgia. We sold construction supplies. I had inventory to sale and deliver. He is saying i owe $7500 for lost inventory and a sale that was below what he thought the sale should have been. In other words, he thought I should have made $1,700 more for a sale.


I had no time to try to find the inventory, etc. Now he contacts 1 year later.


 

Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - So long as there is no allegation of theft or criminal wrongdoing I see no problem trying to negotiate a settlement but I would not discuss anything about where the inventory may be or make any statements concerning what may have happened to the inventory. Anything you say in that regard could be used against you in a criminal case. So if you want to call the lawyer and offer, say $3000, then that's fine. They can either accept or reject the offer. If they reject it then they would have to sue you wherever you now live and get a judgment. I have no idea what type of evidence they have and the issue over profit or sale price is speculative at best. If you feel you owe some money and are willing to settle you can do so but just be careful not to discuss what happened with the inventory. Make an offer and leave it at that.
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your response. I will proceed as suggested. I do not have $3,000. Should I offer a payment plan I can afford? Like $200 per month?


I feel as if I might owe $3000 but no more. It was a matter of bad inventory control. I did not steal.


 

,
Expert:  Dave Kennett replied 2 years ago.
I was only using the $3000 based on what you said. You have no duty to offer anything and payment plans can be a real hassle. Whatever you decide to do make absolutely certain that you get some type of forbearance agreement in writing from the attorney that spells out the terms and has a promise not to sue so long as payments are being made. As I said in my first answer, nothing can happen to you unless a suit is filed in the court in the area where you reside so whatever threats are made by the attorney can be ignored if you wish.
Customer: replied 2 years ago.

His lawyer has asked for my response in an email. Is this ok or should I just call him back and not out it into writing?


 


 

Expert:  Dave Kennett replied 2 years ago.
You can call him if you wish but, as I said, you have no duty to respond at all. Just because he asked for a response doesn't mean you have to comply. He has no authority to require you to do anything. If you respond by email or by phone you shouldn't admit to any wrongdoing. You can ask if he wants to make an offer of an amount to settle. That would give you a place to start to make your own offer. If he says $3000 you may want to offer $1500. It's all a matter of negotiating. Just don't admit that you did anything wrong in case you have to go to trial if things can't be settled.

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