My husband is sueing his former employer for unpaid wages. What kind of opening statement should he make? What kind of questions could the judge ask? Basically put, what all should we expect in the hearing? We have all the paperwork that we could get our hands on. He never received a paycheck from this employer because she claims she owes him nothing due to a mishap on the job. He was never properly trained and all he has is his log book (he is a trucker) and a statement from another trucker that is from a different company that tried helping him the best way he could.
Serious replys only please.
2006-11-15 04:51:31 · 3 answers · asked by Lucky Me 6 in Politics & Government ➔ Law & Ethics
Pretty much what you see on Court TV will happen in small claims court. Depending on your county, the small claims court judge will have a lot of experience and will know which direction to take the case upon hearing both sides.
Be detailed, but not long winded. I would even say to try to be as brief as possible, but don't leave anything out. The judge may cut you off. Don't worry if it happens. Just stick to what you believe: that you need to get paid and tell the judge why. Don't lie or try to hide anything. If you think your side is correct, then you should tell it like it is.
If you have a few weeks until your 'trial' I might even suggest going to small claims court and sitting in on a few cases. That might help you out with what to expect.
Good luck.
2006-11-15 05:05:58 · answer #1 · answered by Drew P 4 · 0⤊ 0⤋
From watching the reality tv show People's Court w/ Judge Milian (you should watch it..you learn sooo much) you should state the situation and how much your husband should be paid. Make sure you bring the original work contract and other paperworks. On his boss side, she should not have the right to keep his paycheck even if there was a mishap (unless the contract states this). Be honest and Good luck!
2006-11-15 05:03:58 · answer #2 · answered by claria 6 · 0⤊ 0⤋
this is not like a jury trial. the judge will ask you questions. just stick to the facts.
Present, the last day he worked
show evidence that he wasn't paid by showing the last paycheck he received.
show the hours that he has not been paid for.
that's it. dont rationalize, dont blow it out of proportion. The judge will ask to clarify anything that he/she may have a question about.
stick to the facts.
2006-11-15 05:00:18 · answer #3 · answered by arus.geo 7 · 0⤊ 0⤋