Legal Question in Business Law in Ohio

We own a small business in ohio. At one point last year we were in need of a new person to do some sewing for us. We advertised and got a response. We asked if this person could come in for a few days to do some projects to see her ability after which time we would make a decision whether to higher her or not. After the few days decided that her ability was not up to par and we could not higher her. She was not happy but she knew where we stood. There were no contracts nothing in writing etc. She was not hired, never on the books never an employee. She then tried to collect unemployment and was obviously denied. Now she is taking up to small claims court trying to say we owe her wages for working there. She never was hired. What are our rights here and where do we stand as far as this goes. I feel like I'm being extorted for money. Thanks for any help.

Asked on 2/01/10, 7:35 am

1 Answer from Attorneys

Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

Hello. First, you should check the rules of the small claims court. I think small claims courts generally require businesses who have been sued to send an attorney to represent them at hearings. But, private individuals who are sued have the option of repreenting themselves. It sounds like you have a solid defense this was not an employee, and that even if she was, she was let go for good cause. I have experience defending small businesses in small claims court. If you are located in the greater Cincinnati-Dayton area, please call me at 513-381-9216.

Vaseem S. Hadi

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Answered on 2/06/10, 1:51 pm

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