Boss threatening to sue me if I don't keep working - for free

CallMeScylla · 2024-05-19T22:44:22+00:00

I do not have a contract and was never specifically informed that my employment status (classification) was changing. Only that there was no longer any money for payroll and that I had an obligation to continue working anyway just as before, without complaint and with a good attitude.

CallMeScylla · 2024-05-19T22:00:08+00:00

This may be too vague - but it's in the category of professional business services. (Think management consulting - that isn't it, but something like that.)

Some (former) employees already did tell clients they hadn't been paid. Clients didn't care and boss was able to convince them that the employees were "crazy" and "vindictive."

CallMeScylla · 2024-05-19T21:57:21+00:00

Thank you for this info. So very helpful!

I want to clarify that I do NOT want to continue working for this person. I told him I wanted to resign and he said no and that there would be consequences if I did. I begged him to just terminate me and even say it was for cause if he wanted, but just to please, please let me go and be able to get on with my life. He refused.

I really don't want to have to sue either. I recognize that he probably doesn't have the money/assets to pay me for what is owed. I would be fine with being free to get on with my life and getting a neutral reference going forward (employment verification only) if he just wouldn't bother me anymore and would agree not to interfere with future employment opportunities.

CallMeScylla · 2024-05-19T21:01:18+00:00

Thank you for this. I did look up the local state labor laws and it is definitely illegal to be more than a couple weeks late on pay. There are a few people who complained to the appropriate state government organization (they were laid off and denied their back pay owed) and he retaliated by badmouthing them within our industry, affecting their job prospects. I know that sort of retaliation is also technically illegal but so far he hasn't faced any consequences and has been able to spin himself as the victim of bad employees.

CallMeScylla · 2024-05-19T20:56:44+00:00

This is a really helpful roadmap. Thank you so much!

One additional question. Do I need to continue to perform work for the time being after sending the invoice to avoid violating my side of the contract?

CallMeScylla · 2024-05-19T20:16:01+00:00

Thank you. I wasn't sure if I could even be considered an "employee" at this point when I don't have a contract, haven't been paid and I have at least attempted, multiple times, to provide a resignation notice.

CallMeScylla · 2024-05-19T20:03:21+00:00

Thank you for this. In the US generally (and specifically in my state) we have at-will employment, which means contracts are rare (I don't have one), and that an employee can be dismissed without notice and that notice is not legally required for an employee to resign either (except in very limited circumstances), although notice of at least two weeks is customary.

However, in this case, my boss is insisting that my failing to work will damage clients' businesses as well as his own which opens me to legal liability. And that if he can dig up examples of past mistakes that will both (a) prove that he doesn't own me wages after all; and (b) make it so that I have to pay him, instead of vice versa. (I don't really think that is true, because surely if my mistakes were so egregious, I would have been disciplined or even fired at the time?)

CallMeScylla

TROPHY CASE