Question

  10/23/12, 4:04 pm
Is a company allowed to sue a former employee for legal fees resulting from a wrongful termination suit? In short, the healthcare company I am with fired an employee for refusing to work a regularly scheduled work day. She told her supervisor "I am am not coming in tomorrow because I am going to a party." The supervisor told her if she did not come in to work, she would be fired. She did not come in and was then fired. She is now suing the company for wrongful termination. Are we allowed to counter sue for the amount of our legal fees?
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United States   |   Illinois  |  Labor and Employment Law
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Answer

Heewon O'Connor Says:

Oct 25,2012 8:54 PM

As a general rule, parties are responsibe for their own attorney fees absent a contract or statute to the contrary. Therefore, the company cannot sue for attorney fees. Doesn't your company have an attorney retained to defend this action? I believe he or she is in the best position to explain any questions you have in this case.


Heewon O'Connor
O'Connor Law Offices
1920 A Highland Ave 203,Lombard, IL 60148
630-544-4922
http://oconnor-oconnor.com

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