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karent23 · Sep 13, 2011, 02:28 PM

I recently was laid off at my job and I've been in talks with their lawyer because I want them to up hold their end of the contract. Today I received a cease and desist letter and I'm dumb founded by it because I haven't done anything, threatened anyone and I gave the company everything already. I have documented proof I haven't done anything. I have no idea what I should do about it. Is this a form of intimidation? What should I do?

twinkiedooter · Sep 13, 2011, 02:37 PM

Did they ever ask you for their help in helping them "hold up their end of the contract"? Maybe your help is not needed anymore as you don't work there and the company may not wish to have an insider privy to their work any longer.

Did you ask them or are you just assuming you've done something wrong to offend them.

Depending on the company's policies, they may have a policy about former employees being privy to their company any longer after termination or lay off.

Are they planning on calling you back in the near future?

karent23 · Sep 13, 2011, 02:41 PM

They owe me about $5000... I was going to sign a deal with them but I didn't like the wording. So since I said I didn't want to sign that deal I get this. It's demanding I hand over everything which I already have, and there are other false things in it.

twinkiedooter · Sep 13, 2011, 03:51 PM

Then see your attorney about collecting the $5,000 they owe you. You said nothing earlier about signing a deal with them and not liking their wording. Have your attorney negotiate the wording for you if you still want to work for them.

I misinterpreted your wording of hold up their end of the contract. Sorry. But if you didn't sign any contract with them then they have no contract to hold their end up about. You should not have continued to work for them without signing the contract or had the contract negotiated for you by YOUR attorney. And they may decide to try and wiggle out of paying your monies owed as you didn't sign their contract. Ask your attorney about this as he would be provided a copy of the contract by you to peruse and could see if he could successfully sue to get your money based on the contract's contents even if you did not sign it.

joypulv · Sep 13, 2011, 05:40 PM

I'm puzzled. How can a wage earner (employee) be laid off and be owed $5,000 if the whole company isn't bankrupt and every employee has been unpaid? How many hours/weeks does that represent? Why would a wage earner be signing contracts? Is this really a contract job, and you were simply terminated, not laid off?

twinkiedooter · Sep 13, 2011, 05:53 PM

Originally Posted by joypulv

I'm puzzled. How can a wage earner (employee) be laid off and be owed $5,000 if the whole company isn't bankrupt and every employee has been unpaid? How many hours/weeks does that represent? Why would a wage earner be signing contracts? Is this really a contract job, and you were simply terminated, not laid off?

Joy, OP said nothing about company going out of business. What I get is that she was laid off and was a salaried employee. Then company may have approached her to do some work for them. Then a contract was proffered. Then OP didn't sign as she didn't like wording, etc. Then Op kept working for them on an independent level thinking she was going to be paid regardless (due to the contract aspect). Then company decided that for who knows what reason (I'm guessing privy to know company secrets, etc) they decided since she didn't sign contract they don't want her to do any more work for her hence the cease and desist letter. Company at fault for letting OP do any work at all unless she signed contract. We don't know all the information regarding the reasons things went on this long or how long she did work or what kind of work she did. So we can just guestimate here and do our best.

joypulv · Sep 13, 2011, 06:13 PM

I know she didn't say anything about the company going out of business; I said IF. This story isn't complete because she jumps right from being laid off to being owed $5000, and I'm the one saying that that would be extremely rare unless the company went bankrupt. Even then, payroll is the first in line as creditor. So if she is a contractor without a contract, she needs to say so.

J_9 · Sep 13, 2011, 07:27 PM

KarenT, were you offered a severance package that they are not following through on?

Fr_Chuck · Sep 13, 2011, 07:40 PM

In most cases to receive final payment you must sign releases to the company,

You have the right to sue. If you can prove the release they are asking for is not customary in the industry, is not standard terms for such agreements. Or your contract did not state or require one for payment.

The companies will often do this, assuming you will settle for the money, instead of fighting it in court that may take years. And if all that is at stake is 5000 dollars, it will take more than that, just to get a case and law suit started.

karent23 · Sep 13, 2011, 10:15 PM

I should have said that $2500 was a bonus I was never given and the other is severance. I signed a contract when starting agreeing upon those terms.

ScottGem · Sep 14, 2011, 03:40 AM

What is the wording of the cease and desist latter and who is it from. But if you were under an employment contract and they are not adhering to the terms of that contract, then this letter could be intimidation. Do you have an attorney? If so, turn it over to them.

If not, you may need to go to court to enforce your contract.

karent23 · Sep 14, 2011, 08:01 AM

It's from their lawyer and it's 3 pages long. Telling me to hand over everything I have of theirs, to not contact people etc etc. I haven't done anything. I'm trying to get advice from a lawyer but hell if anyone will return my calls. I have contacted 5 lawyers and spoke to 3 and I haven't gotten any answers.

ScottGem · Sep 14, 2011, 09:32 AM

Originally Posted by karent23

It's from their lawyer and it's 3 pages long. Telling me to hand over everything I have of theirs, to not contact people etc etc. I haven't done anything. I'm trying to get advice from a lawyer but hell if anyone will return my calls. I have contacted 5 lawyers and spoke to 3 and I haven't gotten any answers.

Ok, So you respond to this letter by saying you not contacted any "people" about this issue, though you have consulted with an attorney. Further state that you have no property belonging to your former employer (assuming that you don't). And close by stating that unless they fulfill their obligations under the contract, you will be forced to seek legal redress.