Legal Question in Business Law in California

Small Claims and oral agreements with employees

I am suing an ex ( as of 6/1/04), employee, Jane, in small claims for an unauthorized airline ticket that she issued from my travel agency in Oct 03. The charge back bill from the credit card company/airline for $650 came to me in July 04. Jane, my only employee of three years, had an oral agreement with me, not to issue tickets on behalf of any outside agents who were not approved by myself.

She did exactly this without consulting me and put another

outside agent's initials on the booking to hide what she was doing ( Although Jane's initials are also on it as the ticketing agent) Will the judge most likely rule in my favor, even if I don't have a written contract?

I haven't emailed Jane a request for the money but instead

have several emails sent and received from her, regarding

her attempts in finding the guilty outside agent (who is

missing, but who I intend to file a police report against, claiming fraud)

Will these emails suffice for a demand request from Jane, or should I eamil her and specifically request that she pay me? ( which I think will alert her that I am pursuing her in court and may make serving her at her security/intercom condo more difficult- I don't have her work address)

Thx!


Asked on 12/26/04, 4:14 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Small Claims and oral agreements with employees

The court usually requires that you send a certified letter, return receipt, demanding payment. Your description of the e-mails don't really show that you're demanding money FROM HER. A good process server or sheriff should be able to serve her with the lawsuit sooner or later.

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Answered on 12/26/04, 5:09 pm


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