being sued

shay1771 · Nov 2, 2009

What is the name of your state (only U.S. law)? NH

I am being taken to small claims court by a former employer in the state of Vermont, they accused me of taking a gift card (which the owners husband said i could have, and i told the cops that), and are suing me because they say that they had to buy a new computer because they had to let an IT specialist look through the computer i had used at work (looking for an email saying i could have the card, which they did not find as it was on a differnet computer), so they are suing me for $4700 to buy a new computer.
My question is...what are my chances of winning? I have not had any charges brought against me for " stealing" the card, i have heard rumors from employees that still work there, that there is a warrant out for my arrest for "petty larcency".
What should i do?
I do not have any proof that he said i could have the card, he gave it to me in november of 2005, and all these "questions" about it never surfaced until after i quit in May of 2006, so i dont have any proof, but neither do they.
Thanks

Antigone* · Nov 2, 2009

shay1771 said:
What is the name of your state (only U.S. law)? NH

I am being taken to small claims court by a former employer in the state of Vermont, they accused me of taking a gift card (which the owners husband said i could have, and i told the cops that), and are suing me because they say that they had to buy a new computer because they had to let an IT specialist look through the computer i had used at work (looking for an email saying i could have the card, which they did not find as it was on a differnet computer), so they are suing me for $4700 to buy a new computer.
My question is...what are my chances of winning? I have not had any charges brought against me for " stealing" the card, i have heard rumors from employees that still work there, that there is a warrant out for my arrest for "petty larcency".
What should i do?
I do not have any proof that he said i could have the card, he gave it to me in november of 2005, and all these "questions" about it never surfaced until after i quit in May of 2006, so i dont have any proof, but neither do they.
Thanks

The FA crystal ball has been laid off due to budget constraints so we cannot give you the odds of winning or losing. You need to show up in court and present your case. The judge will decide.

Proserpina · Nov 2, 2009

shay1771 said:
What is the name of your state (only U.S. law)? NH

I am being taken to small claims court by a former employer in the state of Vermont, they accused me of taking a gift card (which the owners husband said i could have, and i told the cops that), and are suing me because they say that they had to buy a new computer because they had to let an IT specialist look through the computer i had used at work (looking for an email saying i could have the card, which they did not find as it was on a differnet computer), so they are suing me for $4700 to buy a new computer.
My question is...what are my chances of winning? I have not had any charges brought against me for " stealing" the card, i have heard rumors from employees that still work there, that there is a warrant out for my arrest for "petty larcency".
What should i do?
I do not have any proof that he said i could have the card, he gave it to me in november of 2005, and all these "questions" about it never surfaced until after i quit in May of 2006, so i dont have any proof, but neither do they.
Thanks

Why exactly do they need a new computer? Did their IT guy break it?

Have they actually sued you yet?

Did you use the card? Did you check to see if there is indeed a warrant?

shay1771 · Nov 2, 2009

i dont know why they needed a new computer, that is what was on the complaint, that they had to "sequester my computer for the IT guy and purchase a new one" (and yes I have been served small claims papers)
Yes I did use the card, he had told me i could. (the value of the ard was $350)
And no I have not checked for a warrant.
Thank you for trying to answer my question without a smarta** remark.

Proserpina · Nov 2, 2009

shay1771 said:
i dont know why they needed a new computer, that is what was on the complaint, that they had to "sequester my computer for the IT guy and purchase a new one" (and yes I have been served small claims papers)
Yes I did use the card, he had told me i could. (the value of the ard was $350)
And no I have not checked for a warrant.
Thank you for trying to answer my question without a smarta** remark.

I cannot for the life of me imagine how they can justify charging you for a new computer.

Do you have any proof at all that you were given permission to use the card?

One problem I see:

You said they were looking for an email which would prove that you were given permission and that they could not find it because the email would have been on a different computer from the one they searched, correct?

This does not sound right - an IT professional should be able to access the email server (and thus any/every email transmitted from any employee account) from just about any computer; if the email existed it wouldn't matter if the actual computer from which it was sent was explored or not....do you have any insight as far as this bit goes?

Antigone* · Nov 2, 2009

Dogmatique said:
I cannot for the life of me imagine how they can justify charging you for a new computer.

Do you have any proof at all that you were given permission to use the card?

One problem I see:

You said they were looking for an email which would prove that you were given permission and that they could not find it because the email would have been on a different computer from the one they searched, correct?

This does not sound right - an IT professional should be able to access the email server (and thus any/every email transmitted from any employee account) from just about any computer; if the email existed it wouldn't matter if the actual computer from which it was sent was explored or not....do you have any insight as far as this bit goes?

You are right Doggie. I can't see how these people are right in charging the person for a new computer either; but the fact of the matter is OP is being sued.

She can't change that fact. She needs to appear in small claims court and present an intelligent defense. We can him and haw all day long about how unjust this is. Remember we are only getting one side of the story. The judge or referee hearing the case will decide what is just in this case. If she doesn't show up and defend herself then she will have a judgement entered against her.

Proserpina · Nov 2, 2009

Wirelessany1 said:
You are right Doggie. I can't see how these people are right in charging the person for a new computer either; but the fact of the matter is OP is being sued.

She can't change that fact. She needs to appear in small claims court and present an intelligent defense. We can him and haw all day long about how unjust this is. Remember we are only getting one side of the story. The judge or referee hearing the case will decide what is just in this case. If she doesn't show up and defend herself then she will have a judgement entered against her.

Yup, you're right!

Though that whole "missing email" thing is still, I believe, going to be a major thorn in OP's side....

shay1771 · Nov 3, 2009

Thanks for all your replies.
I dont know about the email, but i used to log into our server and work from home, and the emails that i got on my home computer were not on my computer at work the next day, not sure if thats what you are talking about, i am not a computer whiz.
I dont have proof that he said i could have the card as I was given the card in November and questions about it never came up until May, I never thought anything of it before then. who thinks to keep proof of things like this.
I did file a reply with the court and I am planning on going, I do not feel that I should have to pay for a new computer.

shay1771 · Nov 3, 2009

one other thing about the email, my boss was in mexico logging in remotely, as i logged in remotely from my home,not sure if that makes a difference, like i said im not a computer whiz.

Proserpina · Nov 3, 2009

shay1771 said:
Thanks for all your replies.
I dont know about the email, but i used to log into our server and work from home, and the emails that i got on my home computer were not on my computer at work the next day, not sure if thats what you are talking about, i am not a computer whiz.
I dont have proof that he said i could have the card as I was given the card in November and questions about it never came up until May, I never thought anything of it before then. who thinks to keep proof of things like this.
I did file a reply with the court and I am planning on going, I do not feel that I should have to pay for a new computer.

Did you provide them with the emails which were on your home computer?

shay1771 · Nov 3, 2009

no, as i was never asked for them. And I just found out 2 weeks ago that they were suing me when i was served by the sherriff.
As i no longer work there i do not have any of that stuff on my computer any more, we are talking a couple of years later.

Proserpina · Nov 3, 2009

shay1771 said:
no, as i was never asked for them. And I just found out 2 weeks ago that they were suing me when i was served by the sherriff.
As i no longer work there i do not have any of that stuff on my computer any more, we are talking a couple of years later.

So they are suing you for a new computer (and that still baffles me) and recovery of this card which they have not yet proven was stolen, correct?

(Even if there are charges you're not guilty until a Judge says so - did you check on that warrant yet?)

shay1771 · Nov 3, 2009

Correct on all accounts.
No I have not checked on the warrant, I dont know where to do that.

being sued

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