Q: We are a small landscaping company. We are being sued by a former employee who has made untruthful claims about us.
Do we have to pay this person's legal fees, even if we win the case?
You only pay their legal fees if they are successful. However you are responsible for your attorney's fees.
Collect all pay records for the employee and review the records with your attorney. There are numerous requirements you must meet to show you have been paying the employee properly.
Barry E. Janay agrees with this answer
Did you state what you are being sued for and in what state?
If they work in Florida seek a Florida attorney.
If in New York are you in Federal court and what do they claim you Did? Not paying can be a problem with or without records. Seek counsel. You need someone to evaluate all the facts and advise you. If you or they already filed you want to shut it down sooner if possible.
A: What does your contract with them say? What is the basis of the suit? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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