You cannot force the other party to specifically do anything in small claims court (such as making a statement to clear the air regarding your unemployment benefits). However, you can sue for damages caused by their actions. If you are seeking $750 or less, that's automatically going to be a small claims case. However, as long as you are seeking $7,500 or less, you MAY file your suit in small claims court. This is described at: http://www.leg.state.or.us/ors/055.html (look at section 55.011).
Also, here is a link from the Oregon State Bar that explains the small claims process in general: http://www.osbar.org/public/pamphlets/smallclaims.html
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I disagree with the prior answer. I don't think there is a lawsuit of any value here.
The statement that you were dressing inappropriately is an opinion and not actionable under the law. The statement that you took a break at the wrong time or without authorization is not actionable as defamation -- that, too, is opinion and subject to subjective determination by the employer. That's what "at will" employment is all about. Moreover, this statement does not appear to have been "published" to any third party. Statements made to you, true or not, are not actionable as defamation.
Statements made (and implicitly found credible) in an administrative proceeding regarding your entitlement to unemployment benefits cannot be the subject of a defamation action. The finder of fact may have been wrong, but under the law the finder of fact's decision will not be disturbed without a showing of unlawful application of law. Further, your application for UI benefits is what caused the statements by the employer to be made in the proceeding. there is no wilfull "publishing" of any untrue statement to a 3rd party on these facts.
Finally, you have a problematic issue as to showing recoverable damages as to each of the three statements that you complain about.
I don't disagree that you had a terrible experience here. But be glad that you had only 10 days invested and understand that the law does not redress every bad experience.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.Ask a similar question
You need to file a timely appeal of any unemployment insurance decision. You have a right to a hearing, as long as you request one within the applicable time limit.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.Ask a similar question