We want to fight an unfair termination of unemployment and are wanting to know what it takes to sue them and how much it would cost?
2007-05-09 11:37:46 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Just go to the courthouse and they will explain it to you. It cost some money, but not too much. You can also go online to the Superior court in your town. If you live in a larger city, I'm sure all the information you need would be there.
Here is a site for some general information though that should answer many of your questions:
http://www.peopleslawyer.net/smallclaims/
2007-05-09 11:42:00 · answer #1 · answered by wscarpelli@sbcglobal.net 4 · 0⤊ 0⤋
I dont think anyone can give you a definitive answer for this because filing fees may vary dependent on the state with which you reside. For the most part it is usually minimal, approzimately $50 but there are other fees that you can incur if you were to have the papers served to the individual by a sheriff. I would suggest either countacting the county court in your area or perhaps entering it into a search enging for where you reside. Your city may have a local website that is able to answer some frequently asked questions with regards to filing if you are unable to call during normal business hours.
Outside of that, I am not sure that small claims would be the appropriate recourse for you for this particular matter. If you felt you were unjustly terminated and want to collect unemployment compensation in the interim until you acquire a new job, i believe there are mediators available through the unemployment offices. You would have to file for unemployment benefits, your employer will most likely deny paying it and then you would have to go through a lengthy process of fighting it. You can elect to receive payments knowing that if it were to turn out unfavorably for you , that you would be required to repay the sums you received.
2007-05-09 11:47:10 · answer #2 · answered by kathleen 7 · 0⤊ 0⤋
Yes, you can sue in Small Claims court to recover losses resulting from damage due to the actions of another. You may or may not win your case. The fact that you gave him permission to drive your vehicle does NOT exonerate him from exercising proper caution. The issue is determining just WHAT is proper caution. If you can demonstrate that he was acting reckless, with no care at all, you'd probably make your case. But given the environment, if he can show that it was nothing more than an accidental acceleration, you may lose your claim. The process is very easy and fairly cheap ($25 - $50 to file). But without supporting testimony from licensed professional mechanics who hold credentials, it can easily be inferred that you padded the amount by installing parts unrelated to the damage. I think you'll have a hard time actually making your case.
2016-05-19 02:33:19 · answer #3 · answered by theda 3 · 0⤊ 0⤋
Small claims court is not the venue for an unfair termination of employment case - you would have to take that to the civil court (state court). Small claims court is for money judgments (you are owed money by someone, you have a dispute with a person you rendered services to, etc.) or recovery of personal property - Employment law cases are very complex - you should get a competent, experienced lawyer to help you. Good luck!
2007-05-09 13:29:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The amount of damages you seek determines if this claim would be in small claims court or a higher court. You really should consult an attorney!
As for other's comments:
People at the courthouse (clerks, for example) are generally prohibited from giving legal advice
Unfair termination is different from, say, suing over a contract of sale. Legal claims have to meet certain elements to succeed. Do you know what those elements are? The judge can't be your lawyer. If you fail to make your case, you'll lose. You have to assume your employer will show up with an attorney. In that case, you'll have your @$$ handed to you in court. I've seen people represent themselves. It ain't pretty. You owe it to yourself to at least talk to a lawyer
2007-05-09 11:41:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In the US I'm sure you cannot get punitive damages in small claims court. There is also a limit on the size of the claim.
Oh, good advice... the person you are going to sue has to have some money or the judgment has no value. That is unless it makes you feel good.
2007-05-09 11:44:37 · answer #6 · answered by Ron H 6 · 0⤊ 0⤋
You're asking a lot without giving a lot of information.
Technically you could sue anyone for anything. If you want to WIN, that's a different point.
Now, you have to PROVE that you were unfairly terminated. That's more than saying "well, I'm pregnant so..." You have to PROVE without a shadow of a doubt that you were fired for a frivilous reason that is illegal in your country. If you were lazy AND pregnant, then you can't cry wolf.
I would talk with a lawyer first and foremost. If you want to proceed, you want to get all your ducks in order.
2007-05-09 11:41:35 · answer #7 · answered by FaZizzle 7 · 0⤊ 0⤋
depends
are you in a state that has AT-Will laws? if so, then the job can fire you for any reason.
First you have to file with your District Court for Civil Court pay the fee; they give you a date and time for your hearing. You'll have to notify the offending party that they are requested to be in court.
Present your evidence in front of the judge.
2007-05-09 11:41:53 · answer #8 · answered by arus.geo 7 · 0⤊ 0⤋
Depending on the state, you would probably take a complaint like this to the Labor Board. They would at least be able to tell you if you have a legitimate claim.
2007-05-09 11:43:45 · answer #9 · answered by Justin H 7 · 0⤊ 0⤋
You pay a filing fee,probably about 75.00 and then you pay a server to serve them that they are being sued.
2007-05-09 11:41:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋