The Intimidating US Judicial System

Generally we watch court proceedings on television and we sit there trying to guess whether or not the accused will be found guilty. Additionally, we hear about criminal and civil cases like the recent Madoff trial and form certain opinions. What one thing I am uncertain about is how often we consider the emotions of those involved in each case. Personally, I tend to sympathize with some parties in a given case, but I do not ever think about the court system as being intimidating - well, not until now that we are involved.

The US Judicial System is designed to right wrongs and mete out justice. Many have been saved by our court system, while others have been damned. When I think of the unexpected outcome of many clear-cut cases and the many potential outcomes of pending ones, it is easier to see why going to court, even a Magistrate or Small Claims court in Fayetteville, Georgia, can be a scary venture.

My wife has what is clearly, at least in my eyes, a clear-cut, black and white (not in racist terms) case of a breach of contract. On June 5, 2009, my wife was on lunch and was called to assist her boss (now ex-boss) with her patients. My wife told the Medical Assistant to tell the doctor that she had just ordered lunch and would get back as soon as possible. Apparently, my wife did not get back soon enough, because later that afternoon she was fired. In the words of the ex-boss - "You should have left the food - your behavior is unacceptable - you are fired!"

A few days later my wife informed her ex-boss that she had breached the Employment Agreement (Agreement) and was owed a month's wages. The ex-boss told her that the Agreement did not mean anything in Georgia and hung up the phone. The ex-boss was advised to seek legal counsel because my wife would.

Why sign an Agreement if it does not mean anything?

According the Agreement either party may terminate the agreement by giving the other 30 days' notice. Failing that, the employer must compensate the employee if she is released before the end of the notice period. Would you agree that a breach occurred and my wife is owed 30 days' worth of salary?

Before we retained an attorney and have her write a letter my wife received a letter from the ex-boss' attorney stating they she would forego collecting the money my wife gained from working outside the practice, if she did not pursue legal action. I thought the Agreement was not valid in Georgia.

Well, the claim would have meant something if the timing was right. The Agreement does say that my wife needed permission to work elsewhere on her days off (unfortunately we had missed that clause or my wife would not have signed the Agreement) or her earnings belonged to the Practice. The only problem with the notification of breach was that it was sent 2 weeks after my wife was terminated. Think about this, two weeks after termination, my wife was informed that she had breached the Agreement and had ten (10) days to make amends (the Agreement allowed for 10 days or termination of the Agreement). Incredible!

How could an attorney agree that that was a valid claim? Well, the ex-boss found such an attorney - in Fayette County. Following the notification from the ex-boss' attorney, every attempt by our attorney to recover the lost wages was rebuffed. Thus we were forced to file a suit in Fayette County Magistrate Court, or Small Claims Court.

We decided to go it alone but soon found out that the ex-boss is using an attorney - in Small Claims Court. Does this mean that she is grasping at straws? Who knows?

In the early days after being fired, my wife had very bad days and weeks. Her head pounded, she cried often and had many sleepless nights. After enduring as much as she could, she went to her doctor who prescribed medication for the headache and insomnia. With the support and encouragement of friends and family, my wife began to have more good days than bad. That meant that everyone at home was doing a little better. You know what I mean. And then the gravel fell!

At the end of the week ending 8/15/09 my wife received two notifications - 1. a hearing date with the Georgia Labor Department to appeal the denial of unemployment insurance and, 2. a date for the day in Fayette County Magistrate Court. Suddenly, my wife is overwhelmed. This is not because she does not believe in her case, but the thought of going to court and facing off with her ex-boss and attorney in front of judge in Fayette County, Georgia has brought on a new set of emotions.

We strongly believe in our case, but as the day approaches, my wife appears to be more intimidated by the process. We continue to pray and many others too, that we will face a fair judge and that justice will prevail.