Can my former employer sue me?
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Can my former employer sue me?
So I was working for a Demonstrative Law Group Litigation Support on building
2 websites for them. I never signed a contract with them. Initially they agreed to
pay me at 25/hr to build the first website and launch it. Starting in January
2016 they decided to stop paying me my hourly wage for that website, and gave
me 750 Half of the 1500 to be paid to start building the second website, all
while keeping me working on the initial website without pay. I have since had to
pick up a second job because they have worked me over 100 hours for the year
on the original site without pay. And I have built half of the second website,
given them full access to my accounts for webhosting and access to the sites
settings. I had every intention of finishing the second website, but today they left
me a voicemail which I have saved saying that they will pursue legal action
against me. Because I have had to pick up a second job I have not had time to
work on finishing the second half of the second website, or continue to work
more unpaid hours on the original website. As mentioned before, I never signed
a contract with them before, and they changed my pay method in what I feel
was an effort to pay me even less. My question is, do they have any legal case
against me? I live in Fulton County, GA in the city of Sandy Springs.
Asked on April 13, 2016 under Employment Labor Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
First, there is a contract--an oral contract, or the unwritten agreement between you pursuant to which you are doing the work.
While they may have initially changed the way they were paying you, you accepted that change, instead of either 1) treating the contract as terminated due to their breach and stopping work, or 2) suing them to be paid under the original terms. In accepting the change and continuing to work, you would most likely be considered to have agreed or consented to this change.
If you have not finished the work despite a reasonable or more than reasonable time to do so, then you are now in breach of the agreement to build the website in exchange for being paid to do so. It doesn't matter if you had to pick up a second job: that is your concern or issue, not your client's. Since you have breached the agreement by not completing the work, based on what you write, they could potentially successfully sue you for compensation, such as a return of everything paid to date.
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