Can companies refuse to hire you if you&#39;ve sued them in small claims court before? This is a hypothetical question I thought of earlier today, I do not plan on taking any legal action right now. If I were to sue a fortune 500 company in small claims, would they be able deny hiring me in the future? If so, that seems a bit unbalanced - small claims can only be used to sue for a few thousand dollars (state-dependant) and the potential loss of a job is much more valuable than that. How does the court system balance this out?
In general, in the US, employers have very wide latitude in how they decide whether or not to hire someone. There are specific factors like race, sex, national origin, disability status, etc, on which they cannot discriminate, but otherwise they can do as they please. It would be perfectly legal for a company to decline to hire you because you had previously sued them.
As a lawsuit, it doesn't make sense in U.S. law unless you have suffered significant injuries. Your damages are likely to be, at most, nominal ($1) if you discovered it before you were hurt, so you'd only lose the money spent replacing the jar of peanut butter with a non-defective one and the nominal $1 damages. You would not generally have a right to any of your attorneys' fees and personal time spent on a lawsuit like that which would likely cost tens or hundreds of thousands of dollars on an hourly basis (no attorney would take a case like that on a contingency basis), and would take hundreds of hours of your own personal time.
The only way in which you could be &quot;incorrectly listed as a defendant&quot; is if somehow your name was typed in as a party (there would be a glaring gap, that no paragraph of the complaint says anything about you as a defendant). Assuming the situation is nothing so bizarre as a typo, you are a defendant. Whether or not you are liable in this case is a matter of fact and law, and the plaintiff's attorney has probably done due diligence in suing everybody imaginable. Perhaps the plaintiff lied to his attorney about material facts (read the complaint); or perhaps there is a credible legal theory under which you would be liable (read the complaint). Your attorney will take care of your problems, to the best of his ability. He may be able to persuade the plaintiff's attorney that they stand no realistic hope of winning and some chance of getting smacked for pointlessly involving you. If the plaintiff's attorney isn't persuaded by the argument, your attorney could submit the legal arguments as a motion to dismiss. If the judge is not persuaded (at this stage), you (your attorney) will have to counter the arguments presented at trial.
An agreement to agree is void There is a multitude of case law on this point. If the NDA was not available to you when you signed the employment contract and the term was couched as you describe; then the term would be unenforcable. That is, your employment contract would be binding except for that term i.e. you could not be compelled to sign the NDA. Now, there may be a requirement on you to negotiate in good faith in an attempt to find an NDA you can agree to but if you can't find one you can't find one. You cannot (legally) be fired for this reason. Now, if the NDA was available, and you were told where to find it, and irrespective of if you did or didn't find it, you would be bound to the NDA.
You can't sue for false promise per se, but it might enter into a suit for something else. It sounds like your employer offered you a choice between coming in to work (extremely difficult), termination or furlough (extremely undesirable), versus working at home (the preferable option), and the latter was contingent on you doing things that relate to being able to work at home (get a computer and so on). Relying on that promise, you purchased a computer: but then they decided that you had to come in to work. Based just on that, you could sue them for damages (maybe the computer, maybe the added cost of finding a new babysitter, possibly loss of wages). They might want to argue that they don't owe you anything, but your lawyer would (legally) prevent them from making that argument, using what is known as promissory estoppel. You took certain actions based on their promise, so you are entitled to rely on that promise. Their counter-argument would probably be that you didn't do what you were supposed to do, and your attorney would respond that the company obstructed you from doing what had to be done, or had not taken reasonable steps to say in advance what was required of you.
This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is owed to you. Step 1: Get the boiler repaired or replaced as necessary. Keep the receipts. Don't be tempted to get an upgrade or anything else to push expenses that are legitimately yours on to the other party; find out what the cheapest thing is that you can reasonably do to fix the problem and then do that. Step 2: Write a letter to the seller in which you set out the facts of the case and demand the cost of the repairs. Also include any other expenses you have had to incur, like money for your time off work while the repair is done. End it with "If you do not agree to pay this money within one month then I will take action in the county court to recover the money". Send it by recorded delivery and include a copy of the repair receipt (NOT the original). Step 3: If you do not get your money then go here and follow the instructions. You have to pay an up-front fee to the court which gets added on to the amount you are claiming. That is the only money you are putting at risk if you lose. The whole thing is as informal and straightforward as possible, and is purposely designed so that you don't need a lawyer, nor can you or the other side claim for the cost of a lawyer if you win. This is why your lawyer is pushing you to do this by yourself: he knows that his fees would be out of proportion to the amount in question, and you wouldn't be able to get that money back even if you won. The only other wrinkle is if the other party has moved far away: in general if a hearing is needed then it will be held near them rather than near you, so you might have to travel.
If the dispute is over the return of a $5000 deposit, that is probably small enough that it can go to small claims court (the limits are set by the particular state). However, consulting an attorney may well be a wise idea, so that you know how to make your case. The problem is that it's apparently you who wants to break the contract (because you don't want to wait for the contractor to do the job). The basis for a suit that would be most advantageous to the plaintiff here would be that the contractor has breached the suit w.r.t. the deadline. Since there is no written contract, the dispute would hinge on exactly what was said, for example did he promise to complete in 15 months, or did he say that such projects typically take about 15 months? Is 36 months an unreasonable time frame – if so, that would favor the plaintiff. Then the dispute would focus on issues of weather and supplies, and whether in light of those facts the contractor had delayed the work unreasonably. In my city, 15 months is an unrealistically short time, 36 months is more typical. It's not that you can't DIY these arguments, but discussing the argument with an attorney could help you correctly frame the legal argument.
the company does have the right to "verify the eligibility of the person and terminate the service to the ineligible at any time" is pretty unambiguous. They have assessed your eligibility, determined you don't have one and have terminated the service. They are completely within their rights to do this. If you feel that they have assessed your eligibility wrongly then you can dispute their assessment - either through whatever dispute resolution is detailed in the contract or by going to court if the contract is silent. The fact that they previously assessed you as eligible (or didn't actually make an assessment) is irrelevant.