Ever been forced back to work by a former employer?

The only thing I can see is if he signed an employment agreement to provide a product and left before completing  said project AND was compensated for the finished product beforehand that maybe they would have a leg to stand on but doubtful.  Most sign on bonuses are structured so you have to work for "X" long to receive the bonus if they pay you up front you are stuck working there until "X" days are up, or pay them back the bonus.  This does not seem to be the case here, it will be very interesting to see how this works out. I would bet against the former employer. Even if they do feel they are owed something I don't think forcing the employee to come back will result in a positive outcome.

(not) WilD (Matt) said:

You guys are touching on several things I find... odd.  This person is no longer an employee, and doesn't want to be one, so you are going to force them to enter your facility and have access to protected customer data?  Also, you are threatening legal action, presumably for some form of damages, but you are already saying this work has no value since you will not pay for it.  At most, it was worth the $X an hour you were paying this person, but even that is a bit of a stretch I suppose.  It's all very confusing and makes my brain itch.

If it were me, I would be doing several things differently, principally because I wouldn't be able to resist asking them point blank just what they think is owed.

I had the same thought, if I somehow was brought to their facility kicking and screaming, I would be a broomstick in the wheel of progress. I don’t believe I’d accomplish what they’re hoping I would.

Hell, around here they rarely let you work out your 2 weeks unless it is critical.   

I see stuff like this on job sites happen.  I am on a big job where a stone mason was paid hourly to do a couple of columns and a huge fireplace in a great room.  He was being paid hourly and he royaly screwed the thing up.  You walk in and the stone work was wavy.  The stones were long skinny pieces and they looked like they were installed with no chalk lines.  Some kind of agreement was made, but the mason never returned and fixed it.  Later on, I some kid on hourly wages demoed everything and prepped the outside of the chimney with a grinder.  Took him several dusty hot days.  Another stone mason came in and redid everything with different stones.  There have been several incidents on this job where the homeowner hired some cheap hourly labor and things got screwed up.  Job has been going on for 1.5 years, and I'm the only original contractor on the job.  I've seriously considered not coming back many times, but he owns lots of rental properties and I get a bunch of higher paying service work out of him.  He always pays and never asks me for a quote, so I put up with some stuff I ordinarily would walk from.

Honestly, I can't see this being anything to worry about it. 

I've talked with others in my position and higher up in the company and found out things like even the non-compete I had to sign is very hard to enforce in real life. And most companies don't even bother trying to enforce them since they often end up losing in court.

(not) WilD (Matt) said:

Well, a threatening letter exists, but it is vague.  It makes reference to an employment agreement and required completion of certain tasks.  It is not signed or dated, it simply directs the former employee to contact their former supervisor by phone to make arrangements as soon as possible or there could be "further legal action".

Well by all means then, contact them by phone...And, of course, begin the conversation by informing them that this conversation will be recorded...And proceed to do so. I'm sure there's an app for that. That alone should end the conversation.  If not though, require all documented agreements and all associated requests/demands to be submitted in writing, for independent legal review. 

The more evidence they supply for the lawsuit they are inciting, the better...And this sounds like the kind of thing a no-charge-if-we-don't-win lawyer might be very interested in.  If nothing else, there are non-profit type legal aid services that might be able to point them in the right direction for little to no charge.

(not) WilD (Matt) said:

This is all very hypothetical at this point, but still, it's all so crazy to me.

I'm not a labor law attorney, but my impression is that for a standard hourly worker (as in, come work for us at X dollars per hour and we'll tell you what to do) then the employer has no ground to stand on.

OTOH if he was working as a contractor then it may well depend a lot of the terms of the contract.  In that case he needs to run it by an lawyer.

He always pays and never asks me for a quote, so I put up with some stuff I ordinarily would walk from.

I got a couple of those, too, thank gawd; but they’re also the reason I rarely get a day off anymore. 

This reads like someone trying to strong arm your friend. If there are any grounds for a fraud claim against your friend for documented negligence then maybe they might come after them. 

All the suggestions are good. Ask the employeer for an itemized list of tasks to be completed. Basis for assuming responsibility is your friend's to complete each of those items. 

Do not phone call anyone at the company. Written correspondence only, emails are ok too. 

Your friend does have to gut check. If some documentation of fraud exists it can get tough for them. But unlikely.

Aaron_King said:

I would call the MI AG office and see what they say.

Try the Dept of Labor first.  They may even send a cease and desist letter.  
 

Damn!  I got played by a canoe!  

I am not an employment attorney but I deal with employment law often in my work. 

The only way can think of to be compelled to work for an employer is if you have an employment agreement that included specific deliverables and/or terms that are not met. Most employers don't do that with normal employees. In fact many employers ask you to sign a statement reminding you that your job is "employment at will." That gives the employer the right to let you go and the employee the right to quit.

If the employer really is trying to coerce people, then your dealing with people who are not very smart when it comes to the law and/or off their rocker.  

Based on what it presented, this does sound like a possible scam.

For not that much money you can hire a competent labor attorney for an hour, have him/her read the notice, get any relevant backstory, and tell you whether to be concerned or not.   

Awww, I was really hoping to hear a conclusion of the story when I saw it was back on the screen!

OK, then, let's make up our own conclusion to the story:

He wrote back and told the employer that he was under investigation for (doing something horrible related to the type of tasks he was doing at the job that wanted him back) at his new employer, and would not be able to get in to complete the work until after the trial, or, potentially, after serving the required time.

Oh wow, this old thread!  It pretty much was just a shady/idiotic employer trying to scam something as far as I can tell. (what exactly I'm not sure because it seems like a lot of trouble for a few hours of free labor)  An actual attorny was consulted, jokes were made about the abolishion of slavery, and a cease and desist letter was sent.  Not another peep was ever heard from shady employer.

In reply to WilD :

Thanks for bringing this up to date.  I feel stupid falling for the canoe.