I am a worker who has learning disabilities, who is now being sued because I was told I broke a contract between the temp agency and the company I was being trained to do electronic medical record. Unfortunately, I couldn't learn it and felt trapped by the company not making accommodations for my learning disabilities . I threaten to quit and told the office manager, but not the medical director . The temp agency now wants $5,800.00 for lost wages? What should I do?
2 Answers from Attorneys
Raise the disability accommodation issue as a defense in your pleadings.
If this is in small claims court, explain your facts to the judge at trial.
If in Superior Court, you can hire an attorney to represent you, or if you have no money, you could try to get Legal Aid or some other pro bono assistance. The court clerks office may have a list of such groups.
Retain counsel to represent you and try to defend the lawsuit and maybe even counterclaim if you have any claims against the company. Many employment law attorneys offer a free initial phone consultation. Defending a lawsuit costs money, so be prepared to pay an attorney approx. $300.00 per hour plus costs of court. It is possible, however, that your attorney can work to get the case dismissed, but more facts need to be known, including a review of the contract.