misspelled name

[kitties&bunnies]

What is the name of your state? Michigan

We have a small distribution agency. A previous employee is sueing us for not giving him tips AFTER he was let go, (he received ALL tips up until he was fired) saying he has a right to get all tips from his suscribers for the entire year, even though once he left, another driver delivered to all his customers. In the court papers we were served, he mispelled our business name. I always thought that in order to really sue someone you had to spell everything correctly? Is this true? If so, what can we do to bring this to the right person's attention or will his case just be dismissed if we tell the judge on the day of? Thanks in advance for any help!

 

[I AM ALWAYS LIABLE]

What is the name of your state? Michigan

We have a small distribution agency. A previous employee is sueing us for not giving him tips AFTER he was let go, (he received ALL tips up until he was fired) saying he has a right to get all tips from his suscribers for the entire year, even though once he left, another driver delivered to all his customers. In the court papers we were served, he mispelled our business name. I always thought that in order to really sue someone you had to spell everything correctly? Is this true? If so, what can we do to bring this to the right person's attention or will his case just be dismissed if we tell the judge on the day of? Thanks in advance for any help!

My response:

You are correct about the name spelling. However, it's a very quick and easy matter to file an "Amendment" to the complaint regarding the correction of a name. It can even be done at time of trial, nunc pro tunc.

In the meantime, you can respond to the complaint either using the incorrect name (with a notation of the correct spelling), or answer the complaint as it is, and let the defendant find out later. But, it will be corrected at some point.

Insofar as the "tips" are concerned, I don't see how he can prove a "sum certain" that the court can calculate, or that he can prove at all! Tips are voluntary, and gratuitous. Who knows, maybe he wouldn't have received any further "tips" if he continued.

Here's a "tip" you can give him . . . don't go to Afghanistan.

IAAL

 

[JETX]

Kitties:
Are you for real???

The reason I ask is, in this thread you imply that you are a business owner ("We have a small distribution agency. A previous employee is sueing us for not giving him tips AFTER he was let go,"). Yet, in another post on this forum, you ask about being put "on call" and being "basically" laid off'.

And even on another, you ask about how to research Michigan laws as to a traffic ticket you got (speeding in school zone).

So, either you are making up these scenarios, or asking us to help you with your homework, or you are both an owner and an employee..... and a lousy driver.

So, what IS the true story here??

 

[Crazyhorse]

Most likely the OP is seeking legal advice here and passing it along as her own. I've seen this quite a bit on Finance forums where the same poster posts unrelated questions and there is no other logical explanation.

 

[kitties&bunnies]

Kitties:
Are you for real???

The reason I ask is, in this thread you imply that you are a business owner ("We have a small distribution agency. A previous employee is sueing us for not giving him tips AFTER he was let go,"). Yet, in another post on this forum, you ask about being put "on call" and being "basically" laid off'.

And even on another, you ask about how to research Michigan laws as to a traffic ticket you got (speeding in school zone).

So, either you are making up these scenarios, or asking us to help you with your homework, or you are both an owner and an employee..... and a lousy driver.

So, what IS the true story here??

 

[kitties&bunnies]

re: are you for real?/true story

Sorry, I first tried to do a quote reply, but I don't know how so it didn't work. This reply is to Jetx for his post about are you for real and asking for the "true story.

Anyway, first of all, I don't see why it matters what my life story is to anyone, I just needed some advice for my problems. Seems like you never heard of anyone with more than one unrelated problem? But since you asked, here goes:

My husband owns a distribution agency. Since he is my husband, I help him run it as much as I can. I also worked part time at the place where I got "laid off", so yes, I kinda sorta "own" (by being married to the actual owner as well as helping him run it) a business AND worked. As for my traffic ticket, NO I am NOT a lousy driver. For your information, this is my FIRST EVER TICKET in EIGHT years of driving. And the only reason I even got this one is because I was already PAST the flashing light when it came on, so there was NO POSSIBLE way, I would be able to know it came on. The exact time the light comes on is 3:30 pm. Guess what time the cop radared me and put on my ticket? Surprise, exactly 3:30 pm. One shouldn't judge people based on knowing about one ticket, without knowing their actual driving record.

 

[I AM ALWAYS LIABLE]

My response:

Thanks for that explanation. I'll pass it on to JetX for you.

However, as to your last statement, if we couldn't "judge" people from what they write, well, that would just take all the fun out of answering questions. We love to judge others! It's a great pastime!

IAAL

 

[kitties&bunnies]

thanks

thanks for doing that and for all your advice. we feel the same way about the tips and are not worried one bit about losing. he goes to court on monday at 2:30, so we'll see how it goes!

Thanks again!

 

[judy g]

IAAL - you disappoint me!

IAAL,

I was so waiting for one of your stinging remarks to this poster! She seemed to be trying to cheat her employee out of some tips (maybe he worked through November and tips came in December...) by trying to get out of the lawsuit because he misspelled their name!! Then she complained she got a speeding ticket "unfairly" because she didn't know the radar was on.

Did you not have a good night's sleep?

 

[kitties&bunnies]

yaay we won!

Yaay, we won the case without even having to defend ourselves! The judge dismissed the case since he said that tips are not a guarantee and that he cannot sue for christmas tips 7 months later, since he was let go in May; duh, we could have told him that! Luckily, the judge saw right through his little scheme and we didn't even have to say a word in our own defense.

P.S. Judy G, get it right, it wasn't that I didn't know the RADAR was on; it was that I didn't know the FLASHING LIGHTS which are "EFFECTIVE ONLY WHEN FLASHING" (no times posted) had come on, since I was was already IN THE SCHOOL ZONE when they came on and once you are INSIDE the zone, you cannot see either of the flashing lights on either end, as they only face outwards so it was impossible to know that they had come on. Read carefully before making inaccurate comments, please.