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To Sue Or Not To Sue??

Discussion in 'Termination: Firing & Resignation' started by mydknyght, Sep 11, 2011.

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  1. mydknyght

    mydknyght Law Topic Starter New Member

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    No Justice No peace
     
    Last edited: Sep 12, 2011
  2. Proserpina

    Proserpina Moderator

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    Why are you suing in small claims court?

    Small claims will not hear a defamation suit (and that's what this seems to be - yes?).
     
  3. army judge

    army judge Super Moderator

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    Your suit will be dismissed as soon as the party that is named as the defendant gets served.

    You have no basis for this suit in small claims court, Proserpina is 100% correct.

    Small claims cases address monies allege t be owed or other similar issues.

    You can bring this case, but it'll go nowhere.

    In fact, I'd advise you to forget this lawsuit.

    You have no proof.

    Besides, truth is a defense to any suit based in defamation.
     
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  4. mydknyght

    mydknyght Law Topic Starter New Member

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    No Justice No peace
     
    Last edited: Sep 12, 2011
  5. mydknyght

    mydknyght Law Topic Starter New Member

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    No Justice No peace
     
    Last edited: Sep 12, 2011
  6. Proserpina

    Proserpina Moderator

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    Mydknyght, I'm going to be brutally honest here and I do want you to know that it's not to be hurtful, okay?

    You have no suit.

    You have no proof that this person said anything at all. The burden of proof is first upon you to prove that he did in fact make these statements. Even if he did, you're going to need at least $50k - that's fifty THOUSAND dollars - to litigate this (and it's often in the 100s of thousands). You should expect such a suit to take several years.

    And when it's all over and done with even if you win what do you hope to gain? Monetary damages? How are you going to collect? Is this person worth millions? Does he have extensive assets?
     
  7. mydknyght

    mydknyght Law Topic Starter New Member

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    No Justice No peace
     
    Last edited: Sep 12, 2011
  8. Proserpina

    Proserpina Moderator

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    Because small claims court WILL NOT HEAR a case involving defamation, slander or libel!

    It is NOT the correct venue!

    You would have to sue in a higher court, and really - do you have that kind of money? Because these cases are not taken on contingency.
     
  9. beatdown

    beatdown New Member

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    okay. what about a case against my former employer for discrimination. i recently became aware that a current manager was accused (verifed) to have put her hands on an employee and this was brought to the attention of human resources and she was not terminated. I hate to get into the black white thing, but she is a white female and I am a black female. she was accused and admitted to having done so and I was accused and denied the allegations. would this be a better course of action?
     
  10. cbg

    cbg Super Moderator

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    The better course of action would be to grow up, file for unemployment, and look for a new job. You will never get a discrimination claim to stick on that evidence. There could be a thousand perfectly legal reasons for why you were fired and the other employee was not, none of which have any connection with race. Unless you have some real, valid and supportable evidence that the SOLE reason you were fired and she was retained was your race, you are wasting your time and the time of everyone involved by trying to sue your employer for discrimination based on what you have posted.

    It does not appear that you have a valid suit of any kind. Not everything has recourse in the law. You are coming across as someone who does not care who they sue or what you sue for, as long as someone has to go to court on your say-so. Quit wasting your time looking for some means of suing someone and put your time to more productive purposes, like finding a new job.
     
  11. beatdown

    beatdown New Member

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    Not everything has recourse in the law. --- but my goal is not the law suit itself but to get my former employer to acknowledge the statements made against me. Not everything has recourse in the law--- It still is ashame that we can make false statments against others and never suffer any consequences. As long as we make them at work!!
     
  12. cbg

    cbg Super Moderator

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    And what value would that have? Suppose they did "acknowledge" the statements? What do you think that would do to help you?

    What were these "false statements" anyway? There's a reason I'm asking.
     
  13. army judge

    army judge Super Moderator

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    Those wonderful RIGHTS that everyone shouts is owed to them, well, they are right.

    Those RIGHTS are owed to you by the government, not by fellow citizens.

    We owe each other no such duties, and even when we do something to appear to deny one another of those RIGHTS, the law offers no remedy. Why, you ask? Because no duty (or obligation) exists for me not to destroy those hideous creatures in the sense of RIGHTS.

    No duty, no wrong.

    Now, I break your lawn gnome or pretty, pink flamingo; I've committed a tort. I have not violated your rights to own those hideous "decorations".

    Your remedy is to recover the intrinsic value of the item I broke, because your sweet Aunt Tillie left them to you in her will.
    Your remedy is about $5.00 to allow you to purchase another hideous lawn gnome.

    Yeah, it sucks, but its the law we live under!
     
  14. mydknyght

    mydknyght Law Topic Starter New Member

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    yes these statements were 100% false, threats to put him in a wheel destroy his tires to his car and his bicycle (everything but kill him) but I know they have no duty to verify them. I was employed for 7 years and never had a single complaint against me until this employee. I guess i am at a loss because it just feels like he can make the statement and can't be punished if the statement is false. Its a case of he said she said all I can do is say No I didn't say that, and unless someone was willing to say I didn't I am screwed. He still collects his check his employment record is untarnished.

    I am not trying to be the wimpering baby, but he "stole" my way of life and all it seems I can do is say thanks. And considering the sloppy way my employer handled it he got away with it. I don't want to abuse the law but use it the way intended ( to protect myself) but as stated he owes me nothing
     
    Last edited: Sep 12, 2011
  15. army judge

    army judge Super Moderator

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    Make a few appointments and talk to a few employment lawyers.
    See what they tell you.

    Even IF you sued and prevailed in small claims, in Texas all you get (MAXIMUM) is $10,000.

    That won't feed the bulldog very long, will it?
     
  16. cbg

    cbg Super Moderator

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    Here's part of the problem with your claim.

    The burden of proof will be on you to prove that he deliberately and maliciously lied about you. How do you plan to prove that he didn't honestly make a mistake? That he didn't honestly, even if mistakenly, believe that what he was saying was true? That he didn't misunderstand something he saw?
     

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