I am a part time employee for advance auto parts. Two weeks…

I see. So the thing is that management holds the company liable, so advance auto parts would be liable for the manage'rs actions.

This to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click the link (http://www.alllaw.com/articles/nolo/personal-injury/calculator.html) you can use a calculator to help you understand. In most cases, damages are paid out to compensate for medical treatment, lost income, property loss, and pain and suffering.

So in this case, you could hold them liable for not enforcing the sick time policy and having people who weren't feeling well stay home.

Sure thing. There are a few ways to do this.

You could go straight to ownership and ask them for the costs of your medical bills, pain and suffering.

If that doesn't work, you can take the next step. For a complicated case like this, you should consider arbitration or informal settlement. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Settlement is just negotiating a deal between you and the other party. In any event, these processes are more convenient, private, cheaper, informal, and quicker than pursuing a claim in a small claims court or superior court. For arbitration, an experienced arbitrator hears both sides, reviews evidence, and the decisions are legally binding and enforceable. Settlement is just hammering out a deal between you and the other party. If you click the link (https://www.fairclaims.com/how_it_works) you can see the website FairClaims.com that helps people handle disputes online from the comfort of their homes. The other party has to agree to enter arbitration or settlement; however, you can advise them the benefits of avoiding court.

If you insist, you can go to small claims court. You'd have to go to your local courthouse, ask for the small claims forms, draft your complaint, file it, pay the filing fee, then give the copy of the filed document to a third party who would then deliver the copy to the other party. After that, that person who delivered the paperwork would file a document with the court stating that they served the party with the documents on X date, in Y place, at Z time. The court will then schedule a hearing on the matter, you bring whatever supporting documentation you have, make your case, then let the judge decide.

Did you have any follow-up questions for me today?