since the issue o a law suit came up, I need your oppinion on one

[Stormymystic]

my husband has been dealing with a lawsuit from a former employer for 18 months now, and everytime he goes to court, the prosecutres do not have all their "proof" and it gets continued, he went this morning, and they do not have the bank statements proving there is money missing. The lawsuit was filed accusing him of stealing over $7000, we have never had that much money in a year, let alone in the month they were saying he stole it, but anyway back to the topic, 2 court dates ago, the failed to produce their main eveidence, the video tape they claimed to have o him taking the money, which he did admit it was possible, because he was manager of the store, and took the money to put in the bank, but because he was rusing to get to me, because my baby was sick, and he was coming to help take care of her at the doctors, they claimed he took the money, they atarted this about the time I went into the hospital to have her, they were not going to let him come to the hospital for her delivery, they said that all I was having done was a amnicitisist, and that I would be ine, that he was manager and it was his job to run the store, but I had her that day because my water had already broke, and we did not know it, lol, so since that day, they have been trying to pin the missing money on him

[Timber Loftis]

Just OBJECT.

It is not you, and it is not in your state nor your case, but here in Illinois I would say something like...

"Your Honor, this is their Xth continuance and they have failed to produce anything. We request that language be put into the Order indicating that if they have failed to produce anything by the time of the next court date, the matter be dismissed." (If X is a really high number, I might go ahead and press for dismissal RIGHT THEN).

In civil trials, there will be many chances for the sides to get evidence together. However, if this is a criminal case, the prosecution usually gets 1 chance at a continuance, and then no more.

But, nothing will go your way, and they'll get all they want if you don't say "I object."

Again, not your case nor your state, but this is how I'd behave in a courtroom here. Pretty simple, really. A smart lawyer once told me "If you don't ask, you don't get."

[Stormymystic]

yeah, that is the problem, our lawyer has objected, and now the other side has one last chance to get everything, or it will get thrown out, my main question is, if it gets thrown out, that means it will no longer show on his record right? and then we can sue the company for the harm they caused by telling people about him stealling money, even though it was not true, and prevented him from getting a job for 6 months because everyone knew he was on trial thanks to the company and their employees, so we would have a case against them right? i this does get thrown out we could still sue them?

[Timber Loftis]

Originally posted by Stormymystic: yeah, that is the problem, our lawyer has objected, and now the other side has one last chance to get everything, or it will get thrown out, my main question is, if it gets thrown out, that means it will no longer show on his record right? and then we can sue the company for the harm they caused by telling people about him stealling money, even though it was not true, and prevented him from getting a job for 6 months because everyone knew he was on trial thanks to the company and their employees, so we would have a case against them right? i this does get thrown out we could still sue them?

There will be no conviction. To get the arrest erased from his record (and the charge) you will need to investigate your state's expungement procedures.

Of course you can sue the employer. You can ALWAYS sue. Just talk to his lawyer about the value of his case -- if his lawyer doesn't do plaintiff's law, ask for a referral (the guy will give you a good one -- due to referral fees). Talk to lawyers about taking the case on contingency.

And, go read my other post about the elements of libel/slander. And remember that if they REASONABLY thought your hubby was guilty it will be quite difficult to sue them for trying to take reasonable steps (suing) to recover their money.

Note: if the prosecution was willing to file the case, and if it got past a grand jury at any point, it makes their case that they reasonably believed he was guilty MUCH stronger. Just being wrong doesn't make them guilty of libel.

[Stormymystic]

lol, ok thanks, just one more really stupid question, and I will leave everyone alone or the rest o the day [img]tongue.gif[/img] until I get bored again anyway
i we can prove they did this at the time of the end o the pyiscal year, and we can prove that everytime they ired/sued a former manager, it was at this time, and that my husband was not the only person in the safe, the area manager, as well as all the higher ups had also been in the safe that same day, and then they did an aduit on him within an hour of him coming to the hospital, would that be a case that a lawyer would consider taking on?
oh and that the video tape proving all these other people had been in it as well as my husband that day disappered?

[ 07-21-2003, 03:15 PM: Message edited by: Stormymystic ]