Have Legal Questions? Ask a Lawyer Now.
Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
Sorry to hear about what has been going on here with your previous employer.
Do you have a response based upon my initial question or do you require more explanation or information?
If you are in a position to hire an attorney in the city or county where the company is headquartered, I think you will be able to get both the payment information released, as well as your personal belongings, simply by having a demand letter written. The demand letter will threaten legal action unless the company complies with your demands. They are unable to withhold information needed to process insurance claims for employees and they are also unable to hold your personal belongings in the event you are trying to assign someone to be able to pick them up for you. I agree with you about what you believe are their motives in withholding your things; however, I do think you will be able to get this resolved with a simple demand letter.
Sorry for the delay. I had to reboot and retype my answer.
To answer your other question, if you have to file a small claims case against them, you may do this with the assistance of an attorney and you will not need to appear at the court house based on your disability.
If you need to be involved in any hearings, you will be able to do so telephonically.
Your previous employer would have to compensate you for legal fees and whatever it cost you to file the action in the first place.
I am most happy to help you with any additional questions you may have about this matter.
As a suggestion, it sounds as if I would have to pay attorney hourly fee for a threatening letter. Yet if I do find an attorney who feels confident about the claim, I could pursue small claims and have my attorney fees paid for if the claim settles in my favor.
When a demand letter is written, it is usually for a flat fee. This flat fee will be included in the demand so that your employer will either have to compensate you for having to hire an attorney to write the letter, or face small claims.
But there is no need to go through with small claims if you can get what you desire with a letter, including the cost of the letter itself.
Generally, you are looking at about $250.00
But yes, you would pay this up front, just like you would have to pay the amount to file the small claims action and your attorney's fees up front if you went to court.
You can use www.martindale.com in order to find civil litigators or employment law attorneys in the general vicinity of your previous employer.
Thank you for your response. This will help me in finding an appropiate attorney and based upon their response and your advice, will aid me in determining if I should use their services. I am happy to rate your service as excellent.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).