What is the name of your state? NY
Just received the motion for summary judgement and am looking for a bit of advice on my next step...
In short...
I am being sued over a training contract at a flight department that required me to receive new aircraft training.. I fulfilled half of the 2 year contract. The reason i quit was mostly becasue my job duties were not what I honestly thought they were going to be..(pilot vs. co-pilot...there is a difference in the faa's eyes)....it's kind of like being an assistant to a lawyer when you thought you would be the lawyer. Thats the best way I can describe it.
Anyways, that part will be a bit difficult to prove. There was a case just decided in Texas with nearly identical issues.. In that case the defendant (pilot) actually won!! So I'm hoping to use that case as part of my defense..
Another point I would like to argue is that the lawyers sent me an invoice from the training agency I attended. It was part of their evidence. However, the date they claim I attended training and the date on the invoice is no where near the date I attended training. I don't know who's invoice it is or where it came from, but I was actually working the days they claim I was in training. And can easily prove it..
Any thought on how to respond to the Motion? Should I just wait until I go to the judge, try to file a Motion for dismissal, or an affidavit in oposition. I feel at the very least the fact that I did not do what I was hired to do falls under a misrepresentation defense....
thanks...
Just received the motion for summary judgement and am looking for a bit of advice on my next step...
In short...
I am being sued over a training contract at a flight department that required me to receive new aircraft training.. I fulfilled half of the 2 year contract. The reason i quit was mostly becasue my job duties were not what I honestly thought they were going to be..(pilot vs. co-pilot...there is a difference in the faa's eyes)....it's kind of like being an assistant to a lawyer when you thought you would be the lawyer. Thats the best way I can describe it.
Anyways, that part will be a bit difficult to prove. There was a case just decided in Texas with nearly identical issues.. In that case the defendant (pilot) actually won!! So I'm hoping to use that case as part of my defense..
Another point I would like to argue is that the lawyers sent me an invoice from the training agency I attended. It was part of their evidence. However, the date they claim I attended training and the date on the invoice is no where near the date I attended training. I don't know who's invoice it is or where it came from, but I was actually working the days they claim I was in training. And can easily prove it..
Any thought on how to respond to the Motion? Should I just wait until I go to the judge, try to file a Motion for dismissal, or an affidavit in oposition. I feel at the very least the fact that I did not do what I was hired to do falls under a misrepresentation defense....
thanks...