Small claims in Texas - to file a motion for discovery or not?

[Lillian178]

What is the name of your state? Texas

I have filed a small claims case with my local Justice of the Peace court. I originally filed a month ago and had a pretrial and motion for discovery automatically scheduled by the judge. This judge has now retired and another got assigned but he cancelled the pretrial and motion for discovery. I am the Plantiff in this case, should I file a motion for discovery or consider myself lucky it got cancelled?

 

[quincy]

Was there rescheduling?

 

[Lillian178]

No, same court date remains.

 

[quincy]

How important is discovery to your case?

 

[Lillian178]

I am fighting a case against my former employer who denied payment after HR verbally confirmed to me (and others I am summoning as witnesses) we would. I need to request all emails and phone records of that day, aside from the other former employees/witnesses this is the only evidence I have. I am not sure if these requests are even allowed to begin with.

 

[Zigner]

If you disregard the statement from HR, why do you feel you are entitled to payment?

 

[Lillian178]

I worked for the company all through the time they owe me the money for as a top employee, and left on very professional terms while following all separation policies none of which state any such policy of payment denial for any reason which is their claim.

 

[Zigner]

That doesn't help much.
Are you claiming that they failed to pay you wages?
-or
Are you claiming that they failed to pay you some sort of bonus?
-or
Are you claiming that they failed to pay you some sort of severance?
-or-
Some combination of the above three?

 

[quincy]

I am fighting a case against my former employer who denied payment after HR verbally confirmed to me (and others I am summoning as witnesses) we would. I need to request all emails and phone records of that day, aside from the other former employees/witnesses this is the only evidence I have. I am not sure if these requests are even allowed to begin with.

If you feel discovery material is necessary for your case, you should file a motion with the court to request pretrial discovery. If the judge approves your request, you can serve the demand for production of documents to the opposing party. Do NOT send any demand to the opposing party without the judge's approval.

See Texas Rules of Civil Procedure, Rule 500.9.

Good luck.

 

[Lillian178]

Thanks so much for the response, much appreciated. To answer the other question, they failed to pay a bonus to me and several other witnesses who will be testifying who do have it in writing that the payment would be made with no restrictions.

 

[Zigner]

Thanks so much for the response, much appreciated. To answer the other question, they failed to pay a bonus to me and several other witnesses who will be testifying who do have it in writing that the payment would be made with no restrictions.

Did *you* have it in writing that you would be paid the bonus with no restrictions? Do you a copy of the company policy that shows that bonuses would be paid even after employment has terminated?

 

[Lillian178]

Did *you* have it in writing that you would be paid the bonus with no restrictions? Do you a copy of the company policy that shows that bonuses would be paid even after employment has terminated?

No which is why I am brining in witnesses who do have it in writing who got the same information from the same HR person in the company, but I'm mainly filing under the claim of negligent misrepresentation which under Texas Law constitutes the following (and does not have to be in writing):

In order to prove negligent misrepresentation, a plaintiff must show that (1) the defendant made a representation in the course of its business, or in a transaction in which it has a pecuniary interest, (2) the defendant supplied “false information” for the guidance of others in their business, (3) the defendant did not exercise reasonable care or competence in obtaining or communicating the information, and (4) the plaintiff suffered a pecuniary loss by justifiably relying on the representation. Henry Schein, Inc. v. Stromboe, 102 S.W.3d 675, 686 n. 24 (Tex. 2002) (citing Fed. Land Bank Ass’n v. Sloane, 825 S.W.2d 439, 442 (Tex. 1991)).

 

[Zigner]

I don't see a case based on that - mainly because of (4). I wish you the best of luck.

 

[Lillian178]

Thanks! Two top labor law attorneys in my city strongly suggested I take this to small claims based on negligent misrepresentation. Due to their honorarium being higher than the bonus I am fighting, I decided to take their advice and request a jury trial to fight this in small claims. Based on their letters, research and recommendations I was granted the trial, but putting the case together succinctly and in "legal terms" is what is going to take me time.

 

[HRZ]

Is small claims the best or even right forum for what is essentially a wage claim?

If you are seeking a document be sure to request same , bring it with you kind of demand.

Anticipate that witnesses still on payroll my invent memory failure et al