help with court date with previous employer

[kilog55]

ok this is a small O/O company so bear with me on this one

a previous employer is taking me to civil court saying i owe hime money for a missing fuel receipt, and damaged toolbox totaling 1230.97 i turned in all my receipts and accidentally damaged the toolbox on the trailer of my rig by scrubbing a guardrail a quite common accident in a tractor trailer. he too $250 out of my paychecks over time to cover the toolbox and i have yet to receive my last paycheck my last day was July 13th '07.



now the 250 and my last pay will more then pay for the toolbox so that cuts the amount in half or more. if i lose that is, but he refuses to give me copies of my last pay stub i have the rest from day one but i cannot file a counter claim without knowing the exact amount of my last paycheck.



can you go and supoena all pay records? what if he says there is no pay for that last week i worked? i have my logbook entries as well as my journal showing i worked and where i was when.

but can i get copies of the comdata checks i cashed as well as fuel receipts? i know i turned in my receipts they went in the end of day folder (trippack) and were turned in at the end of the week. he claims i stole $678.02 from my fuel and toll monies. which i did not

[Uturn2001]

I would suggest talking to a lawyer who is well versed in labor law in the state this person is located in. You may find out that the deductions he made for damages etc were illegal as is him keeping your last paycheck and refusing to provide you with a statements etc. Since state laws vary on this I can not say for sure which is why you need to speak to an attorney.

What you are going through is why it is a good idea to make copies of all your bills and receipts before turning them in. If you kept good notes in your logs such as BOL numbers, etc it may provide useful in proving your side.

I wish you luck.

Whatever the outcome do yourself a favor and invest in a small 3 in one printer/copier/scanner and a small inverter. Even if you do not have a computer on the truck you can still use the copier function and make copies. Just be sure to take the ink or the printer indoors in cold weather or else it may freeze on you.

[Useless]

Kilog:

You need to be seeking competent legal counsel, as U-Turn stated. This isn't a situation where "Truck Stop Lawyers" are going to be able to help.

Given your situation, your local Legal Aid Society may be able to help you. Additionally, if you live in an area where there is a University offering a School of Law, you may be able to get some help there as well.

BOL2U!!

[kilog55]

yeah i tried the pro bono and legal aid they said i make too much money for them to help and ll the other employment related lawyers said it would cost me too much to hire them on.

i have all my comcheck numbers but i dont have receipt copies. the guy wont answer my calls so i cant get ahold of him he says there is no last paycheck. so he pretty much pocketed it.

but like i said i do have my logbook duplicates and journal showing where i was and directions to each place as well as phone numbers

[Useless]

yeah i tried the pro bono and legal aid they said i make too much money for them to help and ll the other employment related lawyers said it would cost me too much to hire them on.

Have you checked with your state's Work Force Commission?

[kilog55]

not yet no

[Uturn2001]

Many times lawyers will give you an initial consultation free of charge. If they think you have a case you may be able to file a counter suit to recoup your losses plus attorney fees. It is certainly worth a few phone calls.

[kilog55]

oh trust me i tried calling alot of lawyers they all say the same thing "we cannot help you in this matter, but we wish you the best of luck"

it all boils down to him proving i stole the money, and me proving i didnt. obviously if i took the money how did i get from point A to point B on air??? at 5mpg i dont think so.

the labor board told me just present my case with all the facts tell the judge it was an accident, i didnt purposly or maliciously damage the toolbox it was a narrow road and it was either put the tractor in a ditch or rub the rail i chose to rub the rail and not block a main road while i was stuck in a ditch.

now as far as what he did with the fuel and toll receipts after i turned em in i have no idea. pretty sure this is out of spite as i was talking with another employer and he found out about it.

[Part Time Dweller]

Sounds like a perfect case for Judge Judy.

[kilog55]

ha ha thats what i said. cause i know how she likes her defendants to act and i would sit there and be quiet, hands in front of me and wait my turn to speak.

[GMAN]

If you know the date, place and approximate time you purchased fuel, you could call the truck stop where you purchased it and they should be able to make a copy of the receipt for you. That would be the least expensive and least hassle of anything else you could do. You can subpoena his records as well as those from Comdata. You can file a "Motion to Produce" for the documents you need. You can also file for discovery. Unless you are familiar with how to word things and the court system, you would do better to have a lawyer handle this for you. The problem you have is that the amount of his claim isn't that high. It could cost you about as much to fight it as it would to pay it.

[greg3564]

If your ex-employer wants to play games, then I would counter-sue him for the cost of the tool box. Go on the offensive. Might be enough to make him think you're not going to be a push over.

[Evinrude]

I would write my labour board in your area, this should be free of charge. Most likely your pay can't be garnished by the employer ,unless you agrees to, as for your last pay ask them how long can they hold on to it before they must release it.

let them do the work that is there job, paid by your taxes. Don't waist your money on a lawyer.

[rjallen]

If there is a law school nearby, you might be able to get counsel through them. Many schools have such organization to give students courtroom experience. Probably depends on state law- Emory Law School in Atlanta does such and it is always pro-bono.

This is not a complicated case- you- can represent yourself. Sit down and right a narrative of the events with as much detail as possible. Times dates and locations are important. This document becomes your "notes" and you may be able to refer to them in court.

The clerk of courts, I'm sure, would help you answer the petition and make a counter complaint. From the amounts involved, I believe you are in a lower court- small claims?. These judges are used to working with "self representation" and will be flexible if you break the rules in court.

I'm not a lawyer just spent time in court and have won a few small claims.

Good luck

Rick