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Can I file "Wrongful Termination - Retaliatory" in Small Claims Court or would an attorney consider contingency in civil?
Anonymous7 views6 answers
I complained in writing to many University officials and my supervisor that hourly staff were not being compensated in accordance with State law for work done at home by demand of the University. One week later they agreed to retroactively pay every employee who was due and then the next day I was fired.
I have never been written up or reprimanded. I am a part-time staff only making $7,000 a year. I would like to be reemployed but I can live without it. I have worked there 7 years and I am an excellent employee.
I understand the $7,500 cap in small claims, but I have heard you will be awarded your 2-year salary average anyway, so it is close enough.
Or would an attorney take this on contingency in hopes of punitive damages or other damages?
Thanks in advance!
The small claims cap is $10,000. There is no set amount that will be awarded for lost wages if you prevail in a civil suit. If you win, you may collect your lost wages until you find another job paying as much (or more) so long as you are looking for other work - you have a duty to mitigate your damages. In other words, your damages may be far more or far less than a 2 year average. If you file a civil suit, you can also collect attorneys' fees, and emotional distress damage. You may also be able to file a claim with the labor department (DLSE) for retaliation for complaining about wage violations. That will not be limited and will not require an attorney. At the very least, it is worth having a discussion with an employment attorney to decide which is the best route. Most plaintiffs' attorneys will provide free consultations.
You may have a very good case for wrongful termination, but more facts need to be known. Small Claims Court is not a good forum for your case if it is good (depends on facts, evidence, etc.) because those trials are very short and wrongful termination cases can be much more complex and time consuming compared to typical Small Claims cases. Call an employment law attorney to discuss your case. Many of us offer a free phone consultation. If you have a good case, you won't have a problem finding an experienced employment law attorney to take your case on a contingency fee. Wrongful termination cases can be lucrative - but every case is unique and the facts of your case need to be discussed and analyzed.
If you were terminated for objecting to illegal conduct (such as nonpayment of wages for employees), then you may have a claim for wrongful termination which an attorney would handle on a contingency in civil court. More facts need to be known and you should consult with an employment attorney in your area.
Don't limit yourself to the small claims recovery cap of $10,000. You may be entitled to emotional distress damages and attorney fees as a prevailing plaintiff in civil court. An attorney may also be able to negotiate certain intangible settlement terms that would be of value to you, such as a non-disparagement clause and confidentiality clause. Contact a lawyer right away for a confidential case evaluation. Good luck.
You should not go to small claims court. While your lost wages amount may be small, you would be entitled to emotional distress damages and your attorney's fees if you hire an attorney and file an action in superior court. Furthermore, if you file in small claims court the University will know that its liability is limited, and they will offer even less to settle your claims. You want the University to know that their liability is not capped on your claims; that will both allow you to resolve your claim faster and get you a larger settlement. If the facts are as you stated, then a threatening letter from an attorney may very well lead to a settlement before you even file in superior court. Keep in mind that there are very short time deadlines to meet to preserve your claims, so you should talk to an attorney soon.
As many of my colleagues have indicated, you can sue in Small Claims, but you should not. It is not IMPROPER, it is just not the best place to do it.
Consult with an attorney and go that route.
I tell people all the time that you do not need a dentist to pull a tooth; but it helps. Same with the law. We are here to protect your interests. It is what he have been trained to do.
