Anybody been 2 small claims court b-4
- Thread starter ROACH
- Start date
Roach,
Yes they can have a lawyer there, yes you can represent yourself and yes the judge makes the decision. The good thing is that my attorney (who is also a judge) told me that in small claims court the judge will typically makes sure that the litigant w/o an attorney doesn't get hosed over by the other party's attorney. We are starting this process right now. To make matters worse for us, we are filing in a court that is out of state for us.
Don
Yes they can have a lawyer there, yes you can represent yourself and yes the judge makes the decision. The good thing is that my attorney (who is also a judge) told me that in small claims court the judge will typically makes sure that the litigant w/o an attorney doesn't get hosed over by the other party's attorney. We are starting this process right now. To make matters worse for us, we are filing in a court that is out of state for us.
Don
suzuki4life
Banned
if this is the deal about you being wrongfully discharged.....the unemployment office should represent you on all of this. Last thing you want to do is step around the unemployment office and have a judge favor againist you and sent precedence. No a good lawyer will tear you apart if you aren't very capable of representing infront of the court.
I have papers sighned by the company saying that i was dicharged lack of work branch closeing. Then received paperwork stating I was discharged for making dispariging remarks
All i would like 2 know is wich of the 2 papers i was given is the truth+ wich one was a lie? I dont really expect 2 get any $$$ At least they do have 2 be there if not I win.There own employee manual says you get 3 weeks vacatin after 5 years I had 5 1/2 when discharged I say they at least owe that.??? Company gave like 10 sick days a year in 5 years I only used 2 when had death in family.Can i put a add in newspaper claiming unfair labor practice there???
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suzuki4life
Banned
No you can not....unless of course you want sued for liable. True or untrue......you don't want to do that.I have papers sighned by the company saying that i was dicharged lack of work branch closeing. Then received paperwork stating I was discharged for making dispariging remarksAll i would like 2 know is wich of the 2 papers i was given is the truth+ wich one was a lie? I dont really expect 2 get any $$$ At least they do have 2 be there if not I win.There own employee manual says you get 3 weeks vacatin after 5 years I had 5 1/2 when discharged I say they at least owe that.??? Company gave like 10 sick days a year in 5 years I only used 2 when had death in family.Can i put a add in newspaper claiming unfair labor practice there???
suzuki4life
Banned
YEARS AGO.....
I worked maintanence for a company I hated. I found another job and decided I would work one final week plus the weekend for some extra "goodbye money." and walk out of the job. I made the very stupid mistake of saying goodbye to people around the factory (nice people I thought who I thought I might not run into again) on Friday. Saturday when I arrive for work and I rushed by 2 supervisors to the HR office. 4 admin guys and myself in a union company and no witness or steward in sight. I was accused of claiming to have intention to destroy company property and then walk off the floor and quit. I deny this charge and asked for a steward. They told me none were available..."they had more important things to do than this" I was told. They continued badgering me till I said.....okay enough....you knew I was quitting anyway. I quit.....goodbye and walked out. A month later, I received a letter stating I was discharged for intimidation of fellow employees and disruption of of workforce. I called the company to inquire abotu the letter...I was pushed directly to head of HR who was a compelte jerk. Letter didn't matter, just paperwork to ensure I couldn't come back to the job site. We argued a bit and he hung up on me. I took the letter to the job center and filed "wrongful termination" charges. Abotu 3 weeks later I got my day in court. Company offered my job back and to compensate my lost wages outside the court room...I said nope. "I'd be back here in a month if I accept that!" They then offered 6 months of unemployment through the company direct and compensation of lost wages. "Nahhhh we'll let the judge decide."
Verdict: company did not use progressive discipline nor document progressive actions relating to or that should reasonably result in termination of employee.
What did I get? 104 weeks of salary (IMPORTANT NOTE) that must be paid by company in lump form or in weekly disbursement at the option of the employee. I took the lump sum and then collected my 6 months unemployment I was allowed to collect. THEN I went back to work.
I worked maintanence for a company I hated. I found another job and decided I would work one final week plus the weekend for some extra "goodbye money." and walk out of the job. I made the very stupid mistake of saying goodbye to people around the factory (nice people I thought who I thought I might not run into again) on Friday. Saturday when I arrive for work and I rushed by 2 supervisors to the HR office. 4 admin guys and myself in a union company and no witness or steward in sight. I was accused of claiming to have intention to destroy company property and then walk off the floor and quit. I deny this charge and asked for a steward. They told me none were available..."they had more important things to do than this" I was told. They continued badgering me till I said.....okay enough....you knew I was quitting anyway. I quit.....goodbye and walked out. A month later, I received a letter stating I was discharged for intimidation of fellow employees and disruption of of workforce. I called the company to inquire abotu the letter...I was pushed directly to head of HR who was a compelte jerk. Letter didn't matter, just paperwork to ensure I couldn't come back to the job site. We argued a bit and he hung up on me. I took the letter to the job center and filed "wrongful termination" charges. Abotu 3 weeks later I got my day in court. Company offered my job back and to compensate my lost wages outside the court room...I said nope. "I'd be back here in a month if I accept that!" They then offered 6 months of unemployment through the company direct and compensation of lost wages. "Nahhhh we'll let the judge decide."
Verdict: company did not use progressive discipline nor document progressive actions relating to or that should reasonably result in termination of employee.
What did I get? 104 weeks of salary (IMPORTANT NOTE) that must be paid by company in lump form or in weekly disbursement at the option of the employee. I took the lump sum and then collected my 6 months unemployment I was allowed to collect. THEN I went back to work.
You left out your location but in CA lawyers are NOT allowed in small claims court.
One thing that is critical is that you MUST be able to show specified damages (a dollar amount) in order to accomplish anything in court. Which means, bluntly, that you have to expect some money out of the company.
Otherwise, the judge is just going to bounce you right out of there.
--Wag--
Otherwise, the judge is just going to bounce you right out of there.
--Wag--
You need to call a lawyer. Do so before the hearing.
suzuki4life
Banned
Told ya before...if you are unemployed. Contact the unemployment office.....you should be eligible for FREE legal aid.
Excellent. You're probably on the right track then. I don't think you can take an attorney to small claims court, at least in CA but I could be wrong, of course. However, go get some coaching from an attorney before you go. It's important to present your case effectively and with as little emotion as possible.
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