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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My former boss has threatened to sue me for him not being aware

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My former boss has threatened to sue me for him not being aware of another state filing taxes owed for work the company did in their state. He says I signed for the paperwork, which I and others did sign for, and then I kept the paperwork from him (it was all put in a folder on my desk for when he returned to the office). I have not worked for him for over 2 years, and he told me verbally on the phone that he "has all the tax paperwork." The other state is threatening to sue him now and he wants to sue me so he can go to them and say "see, I knew nothing about it." Can I counter sue him for emotional distress, harassment, anything else in regards XXXXX XXXXX? He has millions to throw at this, and I am on Social Security Disability for Stage 4 Cancer, thus no money to fight him.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry that you are in this situation. Based on your situation you should be focusing on healing and positive emotions, so I am sorry that you have to go through with something like this. As an aside, please accept my best wishes and I hope you can arrest this illness.

To answer your question directly, emotional distress would not work since the standard for such a suit is fairly high--the behavior must be so extreme and outrageous that a reasonable person would find his behavior to be inappropriate and damaging. His behavior, while offensive, likely does not reach that high of a threshold. You could counter-claim for wrongful institution of civil proceedings (essentially claiming that the suit is frivolous), and attempt to pursue him for your legal expenses. This isn't really a harassment claim, he does have the right to file, but if he contacts you after you demanded that he keep his distance, that would qualify. Finally you may be ale to sue for defamation of character, if what he is alleging is knowingly false that ends up causing you financial damages and harm.

Good luck.

Customer: replied 3 years ago.

Thank you. I was going through my first round of cancer while working for him, and found out about my reoccurrance the same month I left his employ. I have no doubt the stress of working for him caused my cancer to return. That aside, I have not been served yet, but received an unsolicited form letter from an attorney stating a lawsuit has been filed against me, with the case number XXXXX the form letter. Now I wait.

Thank you for your follow-up, Natalie.

You are most welcome and good luck to you. Until you get a copy of their decree you really have nothing else to do but wait, I am afraid. Once you know what the suit is for, then you could file your answer and see whether or not the claim against you is frivolous or valid in nature. But please try to focus on the healing, that is ultimately far more important.

Good luck.

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