4 ms·
The ethics are clearly in your favor, but it's highly unlikely that formal legal actions will result in any net dollar gains on your part. I'll explain. Assum
by bonsaitree 16y ago
The ethics are clearly in your favor, but it's highly unlikely that formal legal actions will result in any net dollar gains on your part. I'll explain.
Assuming you've completely exhausted casual diplomatic channels, I would firstly send out a formal "letter of demand" (registered return receipt) which includes an itemized list of your expenses, copies of your receipts, the relevant correspondence, and "pay-by" date (usually 30 calendar days from post-mark). Think of it as if you're formally presenting your case to a judge, but that judge is pre-disposed to rule against you. Be thorough.
Legally, assuming you have documentation to back-up their $750 budget, their request for your physical presence, and your $700 of expenses, it looks like a clear case of "breach of contract".
The only flimsy legal leg the company might have to stand on is if the particular HR representative didn't have "agency" to represent the company in your travel reimbursement negotiations (highly unlikely since it seems as if you've already spoken directly with someone who's post-facto implied such an agency by haggling).
I live in Northern Virginia just south of Herndon. FWIW, IANAL, but as a business owner, home owner, and investor, I have more than a passing personal expertise in VA commercial contract law at both the small-claims and general district court level.
If, after the formal demand letter, they don't pay-up and you still wish to pursue formal channels, the amount falls under small-claims statutes. Technically, you'll be filing for a "warrant in debt" [PDF] http://tinyurl.com/2fk54ce http://tinyurl.com/2fk54ce rather than "breach of contract". This is both good and bad. It's good since the current general case docket in VA right now is about 10 months.
It's bad in that, as a person, you MUST represent yourself in small claims court in VA. Only a company has the "luxury" of formal in-court legal counsel under small claims in VA. At the minimum, you're going to incur a risk that your additional filing and travel expenses to/from the hearing itself may not be included in the final judgment (most of the time they aren't). Nevertheless, you'll want to include them for possible liens, etc. Much like taxes, don't be afraid to itemize. Since it seems that some time has past already, don't forget to include interest.
If the company is not properly registered in VA (check here https://sccefile.scc.virginia.gov/ https://sccefile.scc.virginia.gov/ ) you'll have to file suits against its owners. One other "gotcha" that particularly litigious companies will often try to do is opt for a formal transfer of your case to the normal civil docket. If they're already paying retainers for legal representation, it costs them essentially nothing to try.
Amortize these formal efforts over time. I suspect that your individual attention is worth far more than the resulting hourly rate.
- ganley 16y agoNote also that there's a small cost to filing a small-claims case in VA - I believe it's the cost of getting the warrant served. Last I checked, it was in the neighborhood of $80. Sadly, @bonsaitree is probably right: even if you win, this probably isn't worth your time. One thing you might try, which worked for me once, is to type something up that resembles a lawsuit and mail it to them with a note that you're about to file this, so this is their last chance to settle first.
- Amanjeev 16y agoI agree. Filing a suit will take a lot of time and money away but if I try and be emotional for a while, I ing want to do it. The amount of stress they put me through their weird interview process where half of the managers/interviewers did not show up at my interview...but then I think if the situation I am in. :)
- bonsaitree 16y agoUm, I HIGHLY recommend that you DO NOT do this. Technically, you are mis-representing yourself as an "officer of the court" (e.g. a firm which employs people who have passed the Virginia bar). It's a crime similar to impersonating a law enforcement officer. However, along these lines, it's perfectly reasonable to hire an attorney (some will do it gratis or for an extremely small fee) to draft a follow-up "letter of demand threatening suit" in their office's letterhead. In practice, all this does is intimidate the legally ignorant (e.g. not normally any kind of corporation) since the attorney must go through the exact same legal hurdles as the debtor and the amounts involved in this case would never be worth engaging the firm's personnel. Essentially, these levels of disputes are "write-offs" and "costs of doing business" to those who can afford to hire an attorney in the first place. The only reason to engage an attorney here is if you wished to wage a profitless, but potentially damaging, negative PR campaign (think Gloria Allred) against this firm.
- Amanjeev 16y agoWowzers! Thanks a lot bonsaitree. This is good information. I called them a few minutes back and was routed to the HR department. Spoke with them (they seemed nicer than the finance department) and asked them to follow up. Hopefully, I will hear something soon. I have gathered emails of their CEO, CFO and COO. Next I am planning to email a letter that has a request for them to take a look into this matter, and the proof of their acceptance of reimbursing 750.