What kind of claims can I bring against a frivolous lawsuit by my ex-employer

[georgechen]

Jurisdiction

Indiana

My ex-employer just filed a frivolous lawsuit against me. Every claim in the lawsuit is either baseless or distortion that they knew is not fact. I had plenty of proof.

What kind of claims can I bring against the lawsuit? What kind of compensation can I request them to pay?

 

[army judge]

You need a lawyer, Señor Don Quixote.
Your NDA thread should have revealed that to you.

https://www.thelaw.com/search/194604/

 

[georgechen]

Thank you for the suggestion. Yes, I am considering all options. I think this is a discussion forum. Could we have some discussion about the topic?

 

[cbg]

You haven't provided anything close to enough information for us to have anything resembling an informed discussion, so, no.

 

[georgechen]

You haven't provided anything close to enough information for us to have anything resembling an informed discussion, so, no.

My question is that if my employer bring a baseless lawsuit against you. Can I counter sue the employer based on the single fact that the baseless lawsuit caused my damage? If so, what kind of claim is it?

 

[army judge]

My question is that if my employer bring a baseless lawsuit against you.

No, your employer doesn't know me, he can't serve me, meaning he's not going to sue me.

Can I counter sue the employer based on the single fact that the baseless lawsuit caused my damage?

If your employer sues ME, under what legal theory do you propose I be sued?

If so, what kind of claim is it?

No claim of a legal value.

 

[georgechen]

If this is a marketing site for lawyer, I am in the wrong place.

 

[cbg]

Then it's a good thing it's not a marketing site for lawyers, isn't it?

What type of lawsuit did your employer file? (HINT - I am not looking for, baseless.) On what grounds did he file it? How long ago did he file it? What is the status of that lawsuit right now? Specifically, in detail, what form of damages have you suffered because of the existence of your employer's suit?

We can't even LOOK at what kind of countersuit, if any, you might have without knowing all of the above, and possibly more.

 

[adjusterjack]

Could we have some discussion about the topic?

Sure.

You wrote that your employer filed a lawsuit against you. Presumably you were served a summons and complaint. Depending on the nature of the lawsuit and the amount of money involved, the summons instructed you to file a written answer within a certain number of days or appear in court within a certain number of days.

Either way, you defend yourself by denying and disproving your employer's allegations.

If, and when, you get a judgment in your favor, THEN you have to prove that the lawsuit was frivolous and you can potentially be awarded your attorney fees.

See Indiana Code Title 34. Civil Law and Procedure § 34-52-1-1

Indiana Code Title 34. Civil Law and Procedure § 34-52-1-1 | FindLaw

Understand that a lawsuit is not necessarily frivolous just because the plaintiff loses.

As for a countersuit, that has nothing to do with whether or not your employer's lawsuit was frivolous. It has everything to do with whether you have grounds to sue your employer for something he did or didn't do.

 

[georgechen]

Thank you so much for the kindly help and informative reply. That is what I hope for.

The case is for NDA breach and pending. All the claims are fabricated.

So my understanding of your answer is that if I can prove the lawsuit is frivolous, the court will award my attorney fee.

I also learned that the employer used this pending lawsuit to influence my business partner to stop working with me which cause me losing business. Should I sue him for the intentional interference of business relationship or defamation?

Second, I believed that the employer simply brought this lawsuit just for harassment due to previous problem during employment. What is the potential claim that I can bring against him on harassment?

Sure.

You wrote that your employer filed a lawsuit against you. Presumably you were served a summons and complaint. Depending on the nature of the lawsuit and the amount of money involved, the summons instructed you to file a written answer within a certain number of days or appear in court within a certain number of days.

Either way, you defend yourself by denying and disproving your employer's allegations.

If, and when, you get a judgment in your favor, THEN you have to prove that the lawsuit was frivolous and you can potentially be awarded your attorney fees.

See Indiana Code Title 34. Civil Law and Procedure § 34-52-1-1

Indiana Code Title 34. Civil Law and Procedure § 34-52-1-1 | FindLaw

Understand that a lawsuit is not necessarily frivolous just because the plaintiff loses.

As for a countersuit, that has nothing to do with whether or not your employer's lawsuit was frivolous. It has everything to do with whether you have grounds to sue your employer for something he did or didn't do.

 

[cbg]

What kind of evidence do you have?

Do you understand that there is no guarantee that you have any grounds for a countersuit?

 

[georgechen]

What kind of evidence do you have?

Do you understand that there is no guarantee that you have any grounds for a countersuit?

I totally understood. I am gathering the info just to have a better understanding of my situation and options before going to a lawyer.

 

[adjusterjack]

So my understanding of your answer is that if I can prove the lawsuit is frivolous, the court will award my attorney fee.

"May" award attorney fees.

First you have to win the lawsuit. Then you have to prove that it was frivolous. Here is an explanation which also cites the statute and some case law:

The Law Against Frivolity :: Indianapolis, Indiana Litigation Lawyer Ted Smith

It's no slam dunk.

I also learned that the employer used this pending lawsuit to influence my business partner to stop working with me which cause me losing business. Should I sue him for the intentional interference of business relationship or defamation?

A countersuit could involve both.

Second, I believed that the employer simply brought this lawsuit just for harassment due to previous problem during employment. What is the potential claim that I can bring against him on harassment?

Harassment, of course. Could also be part of your countersuit.

How much money are you being sued for and just what is it that your former employer is alleging in his complaint? Quote the allegations word for word.

I am gathering the info just to have a better understanding of my situation and options before going to a lawyer.

Since you have been served a summons and complaint you have a limited amount of time to respond. You'd better get yourself to a lawyer ASAP otherwise you'll have difficulty finding one who will take it at the last minute.

 

[georgechen]

Again，thank you so much for the help. Please see my answer below.

It's no slam dunk.

Answer: Understood. Basically I can deny almost every claim in the lawsuit as non-fact.

A countersuit could involve both.

Answer: Thanks.

Harassment, of course. Could also be part of your countersuit.

Answer: Thanks.

How much money are you being sued for and just what is it that your former employer is alleging in his complaint? Quote the allegations word for word.

Answer:

Against me: Claim 1 Breach of Contract.
They sued for actual damage caused plus other damages plus attorney fee, interest and cost. No actual amount mentioned.
Against me and my new company: Claim 2 Intentional Interference with contract
Same as Claim 1
Against me and my new company: Claim 3 Intentional Interference with business relationship
Same as Claim 1

By the way, for claim 2 and 3, it appears they should sue my new company, why me? Will I be personal responsible for the intentional interference claim?

Since you have been served a summons and complaint you have a limited amount of time to respond. You'd better get yourself to a lawyer ASAP otherwise you'll have difficulty finding one who will take it at the last minute.[/QUOTE]

Thank you for the reminder. The summons haven't been served yet. I just need to be a little bit educated so that I can find a right lawyer not any lawyer.

"May" award attorney fees.

First you have to win the lawsuit. Then you have to prove that it was frivolous. Here is an explanation which also cites the statute and some case law:

The Law Against Frivolity :: Indianapolis, Indiana Litigation Lawyer Ted Smith

It's no slam dunk.

Answer: Understood. Basically I can deny almost every claim in the lawsuit as non-fact.

A countersuit could involve both.

Answer: Thanks.

Harassment, of course. Could also be part of your countersuit.

Answer: Thanks.

How much money are you being sued for and just what is it that your former employer is alleging in his complaint? Quote the allegations word for word.

Answer:

Against me: Claim 1 Breach of Contract.
They sued for actual damage caused plus other damages plus attorney fee, interest and cost. No actual amount mentioned.
Against me and my new company: Claim 2 Intentional Interference with contract
Same as Claim 1
Against me and my new company: Claim 3 Intentional Interference with business relationship
Same as Claim 1

By the way, for claim 2 and 3, it appears they should sue my new company, why me? Will I be personal responsible for the intentional interference claim?

Since you have been served a summons and complaint you have a limited amount of time to respond. You'd better get yourself to a lawyer ASAP otherwise you'll have difficulty finding one who will take it at the last minute.

 

[cbg]

I give up.

Monday morning, start calling lawyers. "Educate" yourself by talking to a few of them. Maybe you'll actually give them enough information so that they can answer your question. If I'd wanted to pull teeth, I'd have gone into dentistry.

 

[army judge]

The FORMER employer is most likely seeking to enforce the penalties put forth in the NDA, because someone is believed to be breaching its terms.

The results of a certain party's actions is headed for a reckoning.

The penalties of some NDAs are sought to be enforced upon violations of the said NDA.

This one seems to one of the aforementioned some.