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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
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Experience:  Licensed attorney helping employers and employees.
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I am preparing a small claims case; I am a certified NYS

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I am preparing a small claims case; I am a certified NYS teacher who was a substitute teacher for a 1 1/2 @ a NYS public school district. They failed to pay me for a certain amount of days and refused to despite my nagging them for months and having copies of all the days I signed for ,etc. NO administrator would give me an audience. Then the beginning of this term they asked me to leave despite glowing reccomendation a year ago.
Anyway I am trying to prepare a small claims case and want to know how to estimate my damages. I lost three days of pay and all the time I put into copying records visitng admins, but more importantly I fell short of qualifying for a years experience in my retirement system and therefore its eight months instead. The retirement system says it would take 20 days of work to get that back. Do I estimate 20 days of work at their sub rate (low) or an actual teacher rate that I would paid? Suggestions as to how the court entertains these estimates? -TY
I would estimate at higher rate. Also have calculation at actual rate paid. Court will likely encourage settlement in between. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. Please let me know if the reply is acceptable by responding "yes" or "acceptable"

awaiting your reply, thank you.

Customer: replied 1 month ago.
I wanted to simply ask a procedural q: Do I file a notice of claim (how does that look) first and then the small claims or is it all at once? Also do I estimate the pay I would get at this district (low) or the pay I could expect to get as a normal teacher in another one? I was at a low pay rate bec I was a sub teacher at that district. I could count the pay I have gotten previously as a regular teacher? TY again.
I would file both. I Would have counsel handle and try to resolve. I would estimate at the higher rate. Good luck! Please let me know if the reply is acceptable by responding "yes" or "acceptable". Kindly rate me five stars.
Awaiting your reply, thank you!
Customer: replied 28 days ago.
The lost pay has lost the contribution to my pension fund-- a certain figure and my retirement system says that it would take 20 days before I made up the days I lost; so the question is if the settlement paid it then it would not be necessary to work those 20 days and the pension contribution, so how do I estimate this? Also the town where the school district is claims ignorance as to the procedure for filing. Does one have to file notice of claim first and does it have to be at town level?ty
I would file notice of claim first at county level and try to negotiate a settlement measuring recovery based on the most liberal addition of lost compensation so you have room to move down in negotiation.
Customer: replied 21 days ago.
I guess I was not clear; I need to know how to write a NOTICE OF CLAIM SPECIFICALLY AND ITS a school district is it sent to the town court legal dept and is there a general resource for support for small claims?
There is no form to it. You narrate what happened, be as specific and focused as you can. Then add the relief you seek. Small claims clerk Office can assist with filing forms and general information too. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Customer: replied 21 days ago.
Does my 'relief ' have to be a number as I told you, the days lost in my pension, though are three days they did not pay, @ to my pension would take 20 days to make up- and that would be at a different rate at a different school district ??
I would not lock in a number but rather an amount no less than —— and identify the categories of damages. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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