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Faye Lee
Faye Lee, Lawyer
Category: Employment Law
Satisfied Customers: 1528
Experience:  Have 30 years experience in labor/employment law.
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Can I counter sue for false accusations and when can I do this

Customer Question

I hired a lawyer to protect me from false accusations.   At this present time , I am engage in a lawsuit against my former employees,, they are making many false accustions against me that are absoulutly outrageous... I would like to know if , I can counter sue them for making false accusations ,, wasting my time and money,,,, and trying to tarnish my reputation?   please get back to me A.A.S.P time is of essence!!1

Sincerely, XXXXX XXXXX Sabina Dalo.
Submitted: 8 years ago.
Category: Employment Law
Expert:  Faye Lee replied 8 years ago.
Sure you can sue for malicious prosecution and abuse of process and you can seek damages . Since you are represented you should discuss with your atty for evaluating such. I hope this has helped if so click accept.
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Customer: replied 8 years ago.
I would like to know how do you intiate this process ..Our lawyer is telling us we have no recourse in are situation ,, we are not feeling to good about are lawyer,, AND feel he is not doing all he can.. Should we get a second opinion ., Are lawyer is costing us a fortune and we have two kids to support are good citizens of our community we do not deserve this treatment !!! we need justice...
Customer: replied 8 years ago.
Are lawyer doesn't seem to helping us with this matter,, regarding counter suing for malicious prosection.. What do you suggest we do???
Expert:  Faye Lee replied 8 years ago.
Your atty has first hand knowledge of your case. However attys are different as in any profession. You may want to have another opinion. Recognized I answered a very general question from you and not having the deatils of your case. If you do not have an employment atty you may need one, but review your case with an employmment atty or ask your atty what are your options?
Customer: replied 8 years ago.
When you counter sue someone for malicious prosection and abuse of process,, How does that generally work in regards XXXXX XXXXX procedure you must go through???
Expert:  Faye Lee replied 8 years ago.
This would be a lawsuit against another party with malice and without probable cause. This would be an action for damages based on this tort brought after the termination of the proceedings in favor of the party seeking damages. From what I understand your employer brought an action against you that you have hired an atty to defend. Now if the employer brought this action with malice and abused the process and it is found to be such then you can sue for damages. But your atty should be able to determine if your case meets such guidelines for filing.

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