Can I take my former employer to small claims court for inaccuarte information?

UPDATED: Oct 1, 2022

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Can I take my former employer to small claims court for inaccuarte information?

Hello all. My former employer sent me a letter stating I owe them almost 3000.00. Before I quit in mid March, I did take about 2 1/2 weeks of vacay at 15.59 per hour. When I add this up, it doesnt come to 3000.00. I called HR to get more detailed info as to where they are getting this amount but was refused. I told them I have no issue paying back the vacay I took but thats it. This is very jarring because I am receiving threats of collections from them, but I still dont have any additional info. Any advice on how to handle this would be greatly appreciated. Thank you

Asked on May 26, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You cannot sue for inaccurate information for a simple claim that you owe someone something. You can sue (or countersue, if you are sued) if you suffer an actual loss or expense or if the legal process is misused in some way. So if actual action is taken against you--your credit damaged; a baseless lawsuit filed--you may be able to sue for, say, defamation (if they report to 3rd parties that you owe money that you do not, damaging your reputation) or malicious use of legal process (if they file a lawsuit in bad faith, knowing you don't owe the money, to either retailiate against you for some reason or to try to "extort" you to pay something you don't actually owe). But merely communicating directly with you without taking some further action does not give rise to any legal claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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