Ask Experts Questions for FREE Help !
Ask
    blah067's Avatar
    blah067 Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 16, 2010, 08:07 PM
    What court do I file in to get compensated for harassment and discrimination...
    I've tried for two days to file in consiliation court in Minnesota for a 7500 dollar claim for harassment, discrimiation, failure to provide appropriate certifications after training, slander, lost wages, and pain and suffering.

    When I tried to file, they told me I couldn't claim "any of this crap" in consiliation and I had to file it in district court?? Then they said, district court doesn't have any forms and you have to draft them yourself??

    I don't want to hire a lawyer but if I have to I will.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Mar 17, 2010, 07:02 AM

    Maybe you should have a consultation with an attorney on this to see what you can actually file for. You must have provable damages to be able to successfully file and win a lawsuit. You can file a lawsuit over anything but that does not ensure that you will win anything. An attorney will be able to advise you accordingly. It's well worth the small fee to find out. Try to ask what the consultation fee is before you set an appointment. Some attorneys will charge you a reduced fee for a consultation, others won't so be sure to ask prior to the appointment.
    blah067's Avatar
    blah067 Posts: 3, Reputation: 1
    New Member
     
    #3

    Mar 17, 2010, 10:57 AM
    Quote Originally Posted by twinkiedooter View Post
    Maybe you should have a consultation with an attorney on this to see what you can actually file for. You must have provable damages to be able to successfully file and win a lawsuit. You can file a lawsuit over anything but that does not ensure that you will win anything. An attorney will be able to advise you accordingly. It's well worth the small fee to find out. Try to ask what the consultation fee is before you set an appointment. Some attorneys will charge you a reduced fee for a consultation, others won't so be sure to ask prior to the appointment.
    My question still stands. CAN these offenses be heard in a conciliation court!?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #4

    Mar 19, 2010, 11:33 AM

    Sure, they can be heard if you file a lawsuit yourself. No, your chances of winning the suit would be nil.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #5

    Mar 21, 2010, 02:13 PM

    You've got it wrong, buddy. We are realistic and give good, common sense answers. And when it comes to the Legal Boards, we give as accurate information as we can.

    You filed your question under Small Claims. What you need to do is file your case in the regular Circuit Court or whatever the next highest court is in your county.

    The reason you can't file your case in Small Claims Court is because it is above their dollar limit on cases.

    There is no other reason you can't file your case in the higher court.

    And I'm not kind of anything - let alone what you say.

    We are all volunteers on this site who give of our time answering questions such as yours. I was a paralegal in Florida and Ohio before I retired recently.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Mar 21, 2010, 03:23 PM

    In Minn Conciliation Court is the same as Small Claims in other states. Generally small claims courts deal specifically with cases involving a loss of property where a monetary value can be assigned. Minn is not different. Cases involving harassment, discrimination, pain and suffering are excluded.

    This site may help you:
    Office of Minnesota Attorney General Lori Swanson - Your Legal Rights

    I'm not surprised you were told to take your case to district court. And for such a court the standards for following legal procedure are much stricter.

    Twinkle gave you good advice, to consult an attorney to determine the quality of your case.

    From what you said, I'm guessing you took some sort of training course and were not giving certifications after completion. I'm also guessing, from your attitude here, that maybe you caused a problem that resulted in not getting the certification.

    But the bottom line is, if you want a refund for the course, you can sue in Conciliation Court. If you believe you are owed compensation for things like pain and suffering, slander etc. That is not going to be heard in Conciliation Court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,267, Reputation: 7689
    Expert
     
    #7

    Mar 21, 2010, 04:50 PM

    The loss of value in discriminatin are very hard to prove, and you will have to prove actual loss of money value in your case,

    Also normally these are not heard in small claims court, due to the nature of the loss.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #8

    Mar 21, 2010, 07:02 PM

    Chuck, Scott OP's not interested in what we have to say since we're not giving him the info he craves. Oh, well, at least we tried.
    blah067's Avatar
    blah067 Posts: 3, Reputation: 1
    New Member
     
    #9

    Mar 23, 2010, 06:44 PM
    7500 is the maximum in MN conciliation court (unecessary vulgarity edited-<>)
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Mar 24, 2010, 04:09 AM
    Quote Originally Posted by blah067 View Post
    7500 is the maximum in MN conciliation court (unecessary vulgarity edited-<>)
    Do you want help or did you come here to be disruptive? I believe your question has been answered. If you feel it hasn't please feel free to ask a follow-up without being rude or crude.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
    Uber Member
     
    #11

    Mar 27, 2010, 06:28 AM

    I don't think it's a case of discrimination - I think someone simply got fed up with OP.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Neighbor Harassment/Court Summons [ 1 Answers ]

This is my first post and I'm grateful for any counsel you can give me. My neighbor complained to our HOA about a lacrosse net we put in the Community playground (we both live next to the playground). The HOA unanimously voted to keep the lacrosse net. Then Neighbor went to a mediator. We...

Discrimination or harassment [ 3 Answers ]

I had a situation this Sunday at the pool of the apartments where I live. We had just returned home and my son asked if his friends mother watched him for a moment could he go to the pool? I know this parent and I have, myself, watched her kids at the pool on occasions. I told him yes and that I...

Highly Compensated Employee and 401(k) refund [ 1 Answers ]

My company's 401(k) plan administrateor just sent me a refund of a portion of the money I had put into the 401(k) plan in 2007, saying that the company had failed to meet the non-discrimination tests for highly-compensated employees (HCEs). The check includes the portion of my original withholding...


View more questions Search