I have recently found myself in a situation that I never thought I would be in. After all, I'm a dedicated worker and I know the laws in my state regarding my safety at work. Even with being as assertive as I am, however, there are always people out there who think that the law doesn't pertain to them. One of these individuals was my boss...or should I say my ex boss.

She called me at home on July 4, 2005 to fire me. Funny thing is I wasn't able to answer either of her phone calls that day so I had to return a call to her home that evening. Essentially I called my boss so she could fire me.

After the shock resided, I realized that not only was I entitled to that last paycheck, but because I had been with the company for a full year, I was also entitled to my vacation and sick pay as well.

The First Letter of Intent

If you ever find yourself in a similar situation, I suggest your first line of action be that you write a letter indicating whether you'd like to pick up your check or whether you'd like to have it mailed to your home. Make sure you send the letter with reasonable time for your past employer to fulfill your wishes.

Secondly, be assertive and firm, yet not pushy with your wording. Inform the reader that you are aware of what benefits, whether they be monetary or property based, are and that you expect to receive these within a certain time frame. This allows you to come across as educated and informed and it's less likely that the party who has received your letter will try and snowball you with excuses and reasons for not getting what you are entitled to.

I highly recommend that when you mail this letter that you send it as certified mail. This costs a bit more then typical postage - usually about $4-$5 per letter, depending on where it is being sent - but it will guarantee you proof by signature that the letter has been received. The post office also has an option on their website that allows you to enter in the code for your specific letter that will allow you to track the letter, which is helpful in determining when it has been received or if it's waiting to be picked up.

In my particular case, my check was mailed to me and I received payment for the proper amount of hours worked and for the proper amount of vacation time, but my sick pay was 9 hours short. I decided to call the owner of the company since my manager was gone on vacation. Usually it is wise to follow the chain of command when trying to resolve a conflict like this, starting with whoever handles the payroll in your company. This is much easier said then done with larger corporations, but fortunately for me the company only owned two homes (I worked in a group home) so when the manager isn't available, it was necessary to speak directly to the head honcho.

I spoke with him on three occasions, each time being assured that my check for my final 9 hours was in the mail. After waiting a full week for my check, I called him again and was told that my manager was back in town and that I needed to speak with her.

I followed his advice and that ended up being a dead end. My manager was being argumentative instead of informative and I knew that if I lowered myself to her methods of communication that this would be even less then a futile attempt. I informed her during our phone conversation that since we couldn't reach an agreement and that nothing was being solved that I would be taking her to small claims court.

Taking It To Court

Small claims court should always be your last option. Not only because it actually costs you money to obtain the money you feel is owed to you, but because it's always best to try and reach a settlement outside of court.

In my particular case, however, all my attempts to rationally solve the problem were dead ends. Before actually taking this to court, it is suggested that you write one final letter to try and resolve the issue. Usually when legal action is mentioned, people are hesitant to call your bluff and they cough up whatever you feel you are owed. Make sure that your letter states in a very simple manner what the problem is and what you feel you are entitled to. Keep it as much to the point as possible and have a date mentioned as to when you expect to receive your money/property. Inform the reader that if you do not receive said dollar amount or property that your next move will be to pursue this in small claims court.

If the date comes and you still have not received anything, go to the district where the business is located or where the property is to be gained. There is usually a small fee, typically under $20, to file and receive your court date. Expect to be in front of the judge anywhere between 14-30 days after you file.

Once in court, you, the plaintiff, will be allowed to present your case first. Speak in a clear, distinct voice and keep your story under 2 minutes. If it takes you longer to state the situation, there may be too many specifics involved and the judge is less likely to allow you to fully express your side. Make sure you have brought with you all the proper documents exhibiting proof of what you are feel you owed and why. This could include pages from the Policy and Procedure book from your past employer, a paycheck stub, a copy of the letters you have been sending to your employer which proof you have tried to settle this issue out of court. Having all this documentation will show that you are prepared and responsible and will add weight to your case.

The defendant will have time to respond to your side of the story and will be allowed to answer questions from the judge. Do not pay much attention to the defendant; keep your eyes on the judge and do not sigh or give hints that you are becoming infuriated by what the defendant is saying. Remember that lies are usually easy to detect and that once a lie is told, other lies must be told to cover the first one up; it's really a snowball effect and eventually it will come back to the defendant and their story will be worthless. Keep your cool and remain professional.

The Verdict

Congratulations! You won your case! You are now legally entitled to be paid or granted the property you've been saying all along was rightfully yours! The defendant now has up to 30 days to hand it over or else you may take further legal action and have the right to garish their wages, their tax return and even their personal property.

If it turns out that you weren't able to convince the judge that you were in the right, don't fret. It doesn't mean that you failed; sometimes the defendant is just more prepared then you or sometimes they are able to lie a lot better then you'd expect. Take pride in the fact that you were assertive and fought for what you felt you were due. You didn't lie down and allow someone to walk all over you. You've learned a valuable lesson and that is more then most people take from an experience.

If you have any further questions, feel free to contact your local court house.