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John, Attorney
Category: Legal
Satisfied Customers: 5615
Experience:  Licensed and practicing attorney.
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My husband let his job on 12/01/09 because the owners were

Customer Question

my husband let his job on 12/01/09 because the owners were fighting constantly on how to run the company( whether to sale or not). they then preceded to try to get him to take sides ( three owners on each side) when he would not they sued him. For almost two years he couldn't work and was in litigation. Can they be sued now or is it too late?
Submitted: 11 months ago.
Category: Legal
Expert:  John replied 11 months ago.

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 as I may have to research some matters before providing a response.

What precisely did they do that prevented him from working?

Customer: replied 11 months ago.
he was under undo pressure from the owners. one called and asked him to tell him what the others were doing, one screamed at him where all employees could hear. just quit a lot. then for two years they sued us because he wouldn't take a side and they finally settled their lawsuits in arbitration. my husband went two years without being able to work. he then worked two and a half years but got sick had a double lung transplant at Duke and died a year later. as his widow I would like to sue them for lost wages damage to his name etc
Customer: replied 11 months ago.
they made working conditions mentally unbearable.
each sibling was paranoid about the other and was afraid my husband was involved. he was a 20 year employee
Customer: replied 11 months ago.
I just need to know do you think this is something I could take to an attorney in my town and it is a real case. when my husband left each side asked him to stand with them but he said he wouldn't take sides. this is the real problem. so all of them sued my husband. I have boxes and boxes of files were they made lies up because of their paranoia and distrust of their siblings. each is a multimillion in his or her on right. we are not. I can not afford to waste time or money on this. I am a sixty year old woman ( pretty strong though) but I must go to work for the first time in25 years because of these people
Expert:  John replied 11 months ago.

There is no legal cause of action for being unable to work because of obligations ( to be a party) in litigation. He could have counter-sued for costs and punitive damages in the lawsuit for abuse of process as they owners did not have a viable claim against him as an employee. In other words there is no such thing, legally, as a claim against an employee for not taking sides in owner litigation. However, he needed to do that in response to the lawsuit during the time the lawsuit was pending; this is what is called mandatory joinder of claims.

Customer: replied 11 months ago.
he left because the atmosphere was intolerable at work. as CFO he could not look for employment for two years because they kept suing him that long.
Customer: replied 11 months ago.
who do you think would hire an accountant who is being sued? really?
Customer: replied 11 months ago.
it goes to his worth and credibility and honesty!!!
Customer: replied 11 months ago.
he was no longer an employee!! you are not understanding! thank you anyway. Goodnite.
Expert:  John replied 11 months ago.

I understand he was no longer an employee. The bot***** *****ne is you'll have no success at this point in a lawsuit against these people. Again. he needed while he was being sued to file a counter-suit. That time cleary passed without him doing the same. The claim if brought wold be dismissed as res judicata.

Customer: replied 11 months ago.
thank you
Expert:  John replied 11 months ago.

You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.