Ex Employer suing for damage to customers vehicles

[ezziesmom]

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

Question:
(Husband is the auto technician/defendant)
Employee/auto technician was in the process of doing a transmission fluid flush on a Cadillac SRX. The service requires the car to be hooked up to a circulating device that flushed the old fluid out, while fresh fluid enters. The Cadillac was not responding to the process and technician was advised by the service writer to continue on , amidst his (defendant) concerns and to continue to "power brake " the vehicle to increase torque and heat in an attempt to force circulation. Ultimately the transmission overheated and the transmission was damaged.

This event took place during the time period of a 2 weeks resignation notice, during which the defendant was promised his one week paid vacation also (that he had not taken). A few days after the transmission incident took place, the employer told defendant/husband/tech that he was relieved and did not have to complete the two weeks notice, and to expect the vacation pay in the mail when uniforms were all returned. Defendant did so.

Two weeks later, defendant received a certified letter in the mail, from former employer which stated that "due to damages caused, employer would keep vacation pay owed and apply it toward balance of monies owed him to be reimbursed for damages caused to vehicles". It said that he will be sending an itemized bill in the next few weeks. As promised a certified letter came (not a service/subpoena) and wife rejected it and sent it back unsigned/returned.

Yesterday a Marshall served auto technician /defendant with a notice of a small claims court action to be answered. The minimal explanation of the claim states that defendant "gave two weeks notice , then damaged two vehicles". (The other one being an ignition switch on a VW, which defendant also says is a false claim.) The amount is for $3800. We do not know if this includes the withheld vacation pay amount. We have been told that , regardless, pay cannot be withheld?

Question: What does the ex employer have to prove to win his case? What does the defendant have to prove to win his case?

Thank you.

 

[latigo]

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

Question:
(Husband is the auto technician/defendant)
Employee/auto technician was in the process of doing a transmission fluid flush on a Cadillac SRX. The service requires the car to be hooked up to a circulating device that flushed the old fluid out, while fresh fluid enters. The Cadillac was not responding to the process and technician was advised by the service writer to continue on , amidst his (defendant) concerns and to continue to "power brake " the vehicle to increase torque and heat in an attempt to force circulation. Ultimately the transmission overheated and the transmission was damaged.

This event took place during the time period of a 2 weeks resignation notice, during which the defendant was promised his one week paid vacation also (that he had not taken). A few days after the transmission incident took place, the employer told defendant/husband/tech that he was relieved and did not have to complete the two weeks notice, and to expect the vacation pay in the mail when uniforms were all returned. Defendant did so.

Two weeks later, defendant received a certified letter in the mail, from former employer which stated that "due to damages caused, employer would keep vacation pay owed and apply it toward balance of monies owed him to be reimbursed for damages caused to vehicles". It said that he will be sending an itemized bill in the next few weeks. As promised a certified letter came (not a service/subpoena) and wife rejected it and sent it back unsigned/returned.

Yesterday a Marshall served auto technician /defendant with a notice of a small claims court action to be answered. The minimal explanation of the claim states that defendant "gave two weeks notice , then damaged two vehicles". (The other one being an ignition switch on a VW, which defendant also says is a false claim.) The amount is for $3800. We do not know if this includes the withheld vacation pay amount. We have been told that , regardless, pay cannot be withheld?

Question: What does the ex employer have to prove to win his case? What does the defendant have to prove to win his case?

Thank you.

Read the portion of Section 9-11-17 O. C. G. A. (Official Code of Georgia ) quoted below and see if it doesn't explain an essential element of proof required of the ex employer in order to prevail in the lawsuit.

You will have questions I'm sure, but feel free to ask.
____________________________

"Every action shall be prosecuted in the name of the real party in interest . . . . . . . (Noting that) No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest." (Title 9, Civil Practice, Chapter 11, Article 4 Parties plaintiff and defendant; capacity - Parties plaintiff and defendant; capacity) Emphasis and editing mine.

 

[ezziesmom]

Not sure I see where it explains element of proof-

Can you explain this more in laymens terms? I really don't comprehend this quote..
Thanks

 

[ezziesmom]

Real party in interest

Read the portion of Section 9-11-17 O. C. G. A. (Official Code of Georgia ) quoted below and see if it doesn't explain an essential element of proof required of the ex employer in order to prevail in the lawsuit.

You will have questions I'm sure, but feel free to ask.
____________________________

"Every action shall be prosecuted in the name of the real party in interest . . . . . . . (Noting that) No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest." (Title 9, Civil Practice, Chapter 11, Article 4 Parties plaintiff and defendant; capacity - Parties plaintiff and defendant; capacity) Emphasis and editing mine.

Are you saying that the he must prove that the technician vs. the service writer are the real parties in interest? or, that the ex employer is not the the real party- that the owner of the vehicle is, (who is not named in the lawsuit). As far as we know, the vehicle owner was not made to pay for the damages, that they were essentially a monetary loss to the employers business.