I am suing a former employer for not paying me. They wrote me a hot check for my first week of work, paid me out of a different account for the second, and somehow “lost” my third week check. The monday after the lost check, I was told they could no longer afford me and I was let go. Now there are a number of others that have been screwed by these people as well. On the day they hired me and assured me they had the financing to get through several months of operations (they were a start-up) they were passing out bad checks to employees. I learned over those weeks that they had been doing it for weeks before I came along. They continued to do it after I was gone. I called the dept of labor and they knew the principals by name. They had at least 7 complaints, which accounts for just about anyone who had worked there below executive level in the past 6 months. I was advised that since I had an actual hot check, and that they had had no success in collecting wages due anyone else, that I should file suit for the two weeks they owed me. I did, and in listing the damages also included any punitive damages that the court may see fit to award. I have a court date of a week from monday, and am preparing my information. As the amount of actual damages is around $1500 and the fact that they owe it can be clearly established, I have not retained an attorney as it would cost a minimum of $500.
What things should I be prepared for from the defendants, and what can I do to pursuade the judge to award me damages in excess of the actual damages since they hired me and others knowing they did not have the ability to pay? I am getting letters from two co-workers who can certify that I was there for that last week for which I received no check, and also to relate what happened to them subsequent to my dismissal. Any suggestions would be appreciated.
moderator, please remove one of these threads. I hate looking like an idiot for the double post.
Perhaps affidavits from other former employees who were screwed by the same defandants, prior to and following YOU being screwed.
This could help show that the company knew it was committing wrongs on a repeated basis.
Can the dept. of labor provide any documentation of the other complaints? You could bring that with you.
An affadavit would most likely be considered hearsay, and not admissible, Grizzrich.
The Department of Labor’s certified report, if such a thing exists, would possibly be admissible as a business records exception to the hearsay rule.
The above is not intended as legal advice. Consult a lawyer licensed to practice in your jurisdiction.
- Rick
Affidavits don’t fly well in small claims (hearsay). Bring along a co-worker (offer to return the favor for his court date).
Affidavits don’t fly well in small claims (hearsay). Bring along a co-worker (offer to return the favor for his court date).
Is this a status conference or an actual hearing? If the other side shows at all I bet will they ask for a continuance. You might want to oppose that for a couple of reasons, one being that it looks like they are headed for bankruptcy, and another being that you want your money.
I would suggest you bring all your documents, have copies for the court to look at, bank statements, the bad checks, anything from the DOL, anything to prove your employment like a signed contract, offer letter, business card, time sheets etc…
I can’t see what defense they are going to offer.
If you get to plead your case you might emphasize that they have done this repeatedly (live witnesses would help here), that you have suffered economic hardship and mental stress from being employed (got any credit issues? missed credit card payments etc? include those in your damages) (did you leave a job to take this one? Were you an at will employee at the other job or might you have had a contract there?)
I believe that the rule in a contract action is that you are only entitled to the value of your damages, i.e. no punitives. If you can plead intentional infliction of emotional distress you might open a door to punitives. You might plead that they knew, as evidenced by the fact that they weren’t paying their current employees, that they couldn’t pay you in which case they were fraudulent in offering you a job in the first place, that might open some doors too. (I AM NOT A LAWYER, Take with GIANT Grain of salt)
Get a lawyer. Many will work on a contingency basis, usually 1/3 of the damages granted. Punitive damages are not awarded in a straight contract case, but you have alleged grounds for additional actions in tort. You really need a lawyer.