Employment Rights

Employer Counter-Claim After You Won at MOHRE: What to Do

May 20, 2026 · 6 min read

You filed your complaint. You won. The settlement money is in your account. Then a message arrives: "You have been served. Your former employer is suing you for [breach / damages / theft / non-compete violation]."

Welcome to the most demoralising chapter of UAE employment disputes. It is also usually the weakest one for the employer.

Why Employers Do This

  • Pressure tactic — hoping you will settle or drop the original case.
  • Damaging your record — making future visa applications harder.
  • Genuinely sore loser — but the case still has to stand on evidence.

The Counter-Claim Patterns

ClaimWhy it usually fails
Breach of contract (non-compete, training cost recovery)Non-compete enforcement requires written, limited, legitimate-interest clauses. Training-cost claims need documentation and a written agreement.
"Damages to the business"Requires specific evidence linking your actions to measurable financial loss. Vague claims dismissed.
Theft / misappropriation of equipmentRequires inventory records, handover documentation, and police report. Without these, civil court dismisses; criminal court refuses to register.
Data theft / IP breachRequires forensic evidence (logs, downloads, transfers). Rarely produced in retaliation cases.

What to Do Immediately

  1. Do not ignore the notice. Even baseless cases require a formal response or default judgement can be entered against you.
  2. Get a copy of the full case file from the court. You need to know what they are claiming and what evidence they have submitted.
  3. Preserve all your evidence from the original MOHRE matter — the ruling, your emails, the EOS form, the bank statements.
  4. For straightforward retaliation (no evidence, vague allegations), file a written defence citing the original MOHRE outcome and the lack of supporting evidence.
  5. For claims over AED 50,000 or anything criminal — get a lawyer immediately.

Use the Original Ruling as Your Shield

The original MOHRE ruling — or any signed settlement — is a strong defence. It establishes that the employer\'s claims were heard, weighed, and resolved at the time of separation. New claims that contradict this ruling face a higher bar.

Can You Counter-File for Harassment?

Yes — if the retaliation case is clearly baseless and is causing demonstrable harm (visa issues, job offers withdrawn), you can file a complaint for abuse of process. Speak to a lawyer about the threshold for this.

Related Reading

Know Your Employment Rights

Calculate your end-of-service gratuity for free, explore your employment rights, or learn how to file a MOHRE complaint.

Legal Disclaimer

RentShield provides general information about UAE tenancy laws and is not a substitute for professional legal advice. For complex legal matters, consult a qualified UAE lawyer. Laws and regulations may change — always verify current requirements with official government sources.