Employment Law

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I was working as a 1099 contractor for a company, that tried…

Customer Question
I was working as...

I was working as a 1099 contractor for a company, that tried to force a cease and assist and injunction on me for goig to work for someone else. He dropped the case, but not before it cost me $12,000.00 in attorney fees. Can I sue him for these fees and more?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

He sued me in Texas, but I only ever worked for him in South Carolina. I live in North Carolina. I worked for him for 8 weeks.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Submitted: 7 months ago.Category: Employment Law
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11/16/2017
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,985
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

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Employment Lawyer: John, Employment Lawyer replied 7 months ago

It's very hard to prove a case of malicious prosecution in that you not only have to prove the person took the case against you knowing that it was essentially not a valid claim but to be malicious toward you, but you also have to show "special" damages, which must be more than just the rigors of defending the case. Courts have consistently declined to hold that the special injury requirement may be satisfied by consequential damages resulting from the underlying suit, such as attorney's fees and litigation costs, loss of professional or personal reputation, humiliation, mental anguish, loss of business and contracts, pecuniary and economic losses, diversion of time and attention to defending against the suit,increased insurance premiums, and loss of ability to obtain credit. You have to be able to show actual interference with your person (such as an arrest or detention) or property (such as an attachment, an appointment of receiver, a writ of replevin or an injunction)" in order to meet the special injury requirement. This is a tough standard to meet in most cases.

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Employment Lawyer: John, Employment Lawyer replied 7 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

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