Any Attorneys Here?

Discussion in 'Off The Beaten Track' started by Kevind85, Jun 2, 2012.

  1. Kevind85

    Kevind85 New Member

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    If there are then perhaps you could help. My mother owned a business 15 years ago, and recently she learned a former employ who worked for her only a couple weeks before being let go is suing for theft of services due to unpaid wages. The whole thing seems kind of silly but would anyone have any idea of what might happen in a case like this.
     
  2. BigB08822

    BigB08822 Well-Known Member

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    This happened 15 years ago? Wouldn't there be a statue of limitations for a case like this? Also, only 2 weeks worth of wages should be pretty small. How much is the amount? I doubt they can sue for the wages plus interest since they waited 15 years to sue. That is their own fault. Were they paid? Has it ever been brought up before? If the case is as ridiculous as it seems then I would think a judge would throw it out before it ever got to trial.
     
  3. jl

    jl Well-Known Member

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    This is fairly accurate. In most jurisdictions a Statute of Limitations exists.

    For your state or province (or if you don't live in one, country), google the pertinent Statute of Limitations and find out what specific time windows exist for various types of lawsuits (contract breach, real estate dispute, etc). If you can find the type that corresponds to yours, then you're set. If you can't, most statutes have one provision for "all others" - i.e. any type of lawsuit that's not specified in the statute, and the maximum amount of time.
     
  4. BigB08822

    BigB08822 Well-Known Member

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    I can't believe I typed Statue of Limitations. :slinkaway
     
  5. olympic

    olympic Well-Known Member

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    ^Statute of Limitations is generally 4 or 5 years, but check your jurisdiction.

    Has your mom already been served with a Complaint? If so, your mom will have around 20 days (again generally) to file a response to the Complaint. If your mom can, she should just consult an attorney and point out that this happened 20 yrs. ago and he can file a motion to dismiss. There is also pro se representation (where your mom can represent herself) but that gets tricky.

    If no complaint has been filed against your mom, is the former employee just threatening at this point with a letter? She may still want the advice of an attorney.