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CalAttorney2
CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I am being sued for $10,000 from my previous employer. I

Customer Question

I am being sued for $10,000 from my previous employer. I have court on the 29th of this month and I cannot find any reciepts since this was back in 2013/2014. My question is if I should do meditation the only way I can prove I purchased the material is looking up he orders in the companies system.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ca
JA: Has anything been filed or reported?
Customer: They filed a small claims court. And they have gotten ahold of a criminal investigator but he can't charge me with theft because there's no prove I stole the material. But they also can't find the reciepts.
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes. I did not steal the material but I didn't pay the full $10,000. I had a lady that wanted me to help design her three bathrooms and she wrote me a check for 10,000 for the material and my time. But I got the tile for less I can't remember if I paid about 6,000
Submitted: 22 days ago.
Category: California Employment Law
Expert:  CalAttorney2 replied 22 days ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 22 days ago.

Dear Customer,

Mediation is an option that you can use to try to reach a "mutually agreeable resolution" - it is a chance for the two parties to reach a settlement with the assistance of a third party neutral (a mediator) and come to an agreement without having to go to trial (also helps you avoid having a judgment against you).

If you are unable to reach an agreement, the matter will go to trial - so you really don't lose anything by trying mediation, and you have an option to settle the case on your own terms rather than the judge issuing a decision.

Customer: replied 22 days ago.
Am I able to get ahold of the companies representative and ask her to bring her computer at the time of the mediation. Since that's the only way I can show I paid for the material. By looking up the orders in their system.
Expert:  CalAttorney2 replied 22 days ago.

You can ask, but there is no way to force them to do so.

Customer: replied 22 days ago.
can you give me an idea of what will happen in court. (Small claims court)
Expert:  CalAttorney2 replied 22 days ago.

Your best place to start (if you have not already found it) is the CA Small Claims Adviser (it is actually very good and walks you through not only the papers you need to file, but also what to expect in court).

See: http://www.courts.ca.gov/selfhelp-smallclaims.htm

Customer: replied 22 days ago.
Am I able to request my time sheets? And if I can are they able to say no
Expert:  CalAttorney2 replied 22 days ago.

For mediation, you can ask for anything you like - but there is no way to enforce it (they can say no).

For trial, there is limited discovery - again, see the small claims adviser (link above) for details and forms.

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