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One Consideration When Suing A Former Employee

Published by on July 21, 2008

A Virginia resort now faces a class action lawsuit over overtime wages after filing a lawsuit against two timeshare sales employees seeking to enforce a noncompete agreement against them.  The story is here.  Since the filing of the overtime counterclaim by the two employees, the judge handling the case has opened it up to other […]

A Virginia resort now faces a class action lawsuit over overtime wages after filing a lawsuit against two timeshare sales employees seeking to enforce a noncompete agreement against them.  The story is here.  Since the filing of the overtime counterclaim by the two employees, the judge handling the case has opened it up to other similarly situated employees.  The result?  Some 100 former employees have joined the case seeking unpaid overtime, liquidated damages and attorneys’ fees.

It is important to remember when you file a lawsuit that the other side has the ability to file a counterclaim against you.  If you are living in a glass house, it may not make sense to throw the first stone.

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