Legal Question in Employment Law in California

Former company claims I owe them work

I left former company 4 months ago. Pay and benefits ended before my last day. Now they claim that I ''promised'' to complete work that was on going while I was on payroll and that that I am in debt to them. I gave them 3 months notice for training others and transition!

I did not receive a single cent from them after my last work day. In fact, I put in more work even after my last paycheck. Are they allowed to claim for unfinished work after employment ends? I didn't say I would do any more work for them and there was no exit agreement. They will claim I resigned and was not terminated.

Also, my former partners in this co want to buy my shares (30% of company) and ''will take shares to help repay the debt''? Seems like a scare tactic.

Help would be appreciated as would a reference for an attorney to handle this type of case (Labor/Employment/Shareholder case) in Los Angeles.

Thanks in advance!


Asked on 7/22/04, 11:50 am

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Former company claims I owe them work

Generally a company has no claim against an employee for failing to complete work. Thus a claim for work that was "promised" but not completed has no merit.

However, if you had a contractual obligation as an owner to perform particular services, that presents other issues.

If you would like a full analysis of your case, feel free to call - we will need additional info to give you specific answers.

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Answered on 7/22/04, 4:00 pm
Terry A. Nelson Nelson & Lawless

Re: Former company claims I owe them work

Partners and owners have quite different liability and expectations than employees. It may be a scare tactic, it may be serious. You need to consult with experienced counsel, who may be able to convince them not to file suit, or who can settle or defend you if they pursue it. Contact me if interested in doing so.

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Answered on 7/22/04, 6:02 pm


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