Obviously I can't not defend myself, but it's difficult when I'm already living off a student's budget. Do you have any recommendations or ideas for good and reasonable-priced attorneys?
Without details nobody will be able to give you advice beyond 'get a lawyer' and I fully understand why you don't want to give out any more info here.
The one bit of info I can give you, once you have a lawyer, give him all the information that you can find on this, don't leave anything that you feel is not relevant, a late surprise in a thing like this can be costly.
Best of luck!
The best defence is to make sure they realize that you can't pluck feathers from a frog.
Any weaknesses you have should be offset by your contractual terms (assuming there was a contract).
Since you say you were employed they would have to work very hard to prove malice on your part, especially since they decided to keep you on as long as they did. Any damage they claim you caused should be easy to prove for them, hard to defend against by you if it is to stick, but without more specifics that's unknown.
For the record I have been the plaintiff in a case like this, where an employee decided to blackmail me and turn off a website overnight locking me out of the server. Needless to say that didn't end very well for said employee, not because I'm rich and he was weak but because he was a jerk that did something he never should have done: assume that blackmail is a viable option.
In the end that one was resolved out-of-court by the time the defendants lawyer had a chance to talk some sense into the defendant.
Did you mean employer?
I bet he meant employee.
So you don't have assets? And they're suing you for sport?
If so, he's made a big mistake. You'll just declare bankruptcy if you lose, but some lawyer might well take your case for the sport of countersuing and a percentage of the take.
Put another way: Your exposure is small and their's is large (since you've said they have big assets.) Somebody is going to want to chase this ambulance.
I already have contacted a bankruptcy attorney, and apparently you can file before there's a judgment against you. So, thanks! That's definitely reaffirming and on my radar :)
You mentioned that you are living off of a student's budget. Does that mean you are a student? If so, did he hire you on a contractual basis? Meaning, without benefits, etc.? If so, you may have a play that will not only get you some $ but make him look absolutely incompetent in front of his investors. It's actually pretty easy to show (in some states anyway) that you should have been compensated as a full-time employee. MA, for instance, is very harsh on owners who hire 'contractors' who do the work that would normally be done by employees. Even if you have a written agreement to the contrary, the court could decide that you were in fact an employee and award you triple damages.
My friend just lost a case like this. It absolutely stunned me (and her, for that matter). She fired an incompetent contractor, and the contractor turned around and sued. And won.
It sent chills up my spine, but if it fits your case then it could work for you as a threat to embarrass him if not even for the money.
But, ffs, talk to a good lawyer!
This is actually a good thing. See, there are cases like "independent" delivery drivers who work exclusively and full-time for one company and as contractors are denied benefits.
If these people are on sufficiently low income they can apply for Medicaid in case of illness, in which case the cost is borne by the taxpayer. I feel the cost should go to the company owner. You cannot make the argument that society should pay for the fact that such company offers lower prices on their product or that the owner should have a higher income.
In the case I mentioned, being a contractor was never an issue or a problem for the person. But when she was let go, she got pissed off and used her leverage for revenge.
Of course the fellow wouldn't complain while he was employed. People who live in illegal apartments tend not to complain either, until something goes seriously wrong.
But a jury decides that the agreement isn't right and that someone was actually an employee. And awards triple damages.
Yes, this can be abused by employers. But even when it's not- it can still give employers heartburn. Anyway, in OP's case it's moot because he was W-9.
> They've entered into a consensual agreement for
> fee-for-work as contractor.
Since you're a student (didn't know your age when I wrote my other comment), it's even more likely that they have no intention of actually following through with the lawsuit, so rest (slightly) easier knowing this will likely cost them more $$ than it will cost you.
But also, when shopping for a lawyer you essentially get 15-60 minutes free with them as a pre-engagement discussion. You can learn a lot just by shopping around! And especially, you'll realize that lawyers vary a lot in their assessment of the issues and your options. (The 10th person you talk to may introduce yet another crucial point for a quick and low-cost resolution... so don't go with the 1st smooth talker!) You should prepare a written summary of the events from your perspective, to quickly get a potential advisor up to speed, and improve this summary over time when early conversations reveal important wrinkles.
My university's student government paid for two pretty awesome lawyers (through a student tax) which could be used for pretty much any legal matter (from starting up a business to criminal charges) for free. At the very least they can probably refer you to someone who can help you.
assuming that's not just an analogy, most universities provide free (or almost free) legal consultation on campus.