Question regarding Small Claims Court

[rustybob]

Here's my situation: I quit my last job because they were ripping me off on pay for quite a while. However, when I brought this to their attention, they made changes to their system (which they wrote themselves). In the process, they basically destroyed evidence, and here's why: I gave them two months worth of information that they didn't pay me for, but I actually looked back four months. They "fixed" the two months I gave them (I actually believe they just fudged some numbers), but claimed that I owed them money from the two months before that.

The manager of the store was made well aware of the situation, as was another employee, since he too was getting ripped off. However, with the changes to their system they made, there is no more physical evidence of this. Is this something I can still claim in court? The physical evidence has been destroyed, but I do still have two witnesses to it.

Also, since I did only check back four months (and I can only suspect that there was more that I got ripped off), can I say, average the months that I did get ripped off, and claim for the entire time I worked there? In total, I didn't get paid about $200 in the four months I looked back. I worked there for about 13 months.

Any advice would be great, as I want to file my Notice of Claim quite soon.

[mojo]

here is some advice. talk to a lawyer.

[Senior]

Originally Posted by rustybob

Here's my situation: I quit my last job because they were ripping me off on pay for quite a while. However, when I brought this to their attention, they made changes to their system (which they wrote themselves). In the process, they basically destroyed evidence, and here's why: I gave them two months worth of information that they didn't pay me for, but I actually looked back four months. They "fixed" the two months I gave them (I actually believe they just fudged some numbers), but claimed that I owed them money from the two months before that.

The manager of the store was made well aware of the situation, as was another employee, since he too was getting ripped off. However, with the changes to their system they made, there is no more physical evidence of this. Is this something I can still claim in court? The physical evidence has been destroyed, but I do still have two witnesses to it.

Also, since I did only check back four months (and I can only suspect that there was more that I got ripped off), can I say, average the months that I did get ripped off, and claim for the entire time I worked there? In total, I didn't get paid about $200 in the four months I looked back. I worked there for about 13 months.

Any advice would be great, as I want to file my Notice of Claim quite soon.

First off I'd try talking to a lawyer and not ravers. If you have no money for this than try UBC or SFU law schools for a student even.

[Senior]

Originally Posted by mojo

here is some advice. talk to a lawyer.

outposted, lol.