3. Prepare for the settlement conference
If your employer files a Defence in time, the court will send a Notice of Settlement Conference to both of you. The settlement conference is supposed to be no later than 90 days after your employer files their Defence.
A settlement conference is a meeting with a judge. At the settlement conference, the judge might make sure that you and your employer have told each other what you plan to talk about at the and have given each other all the evidence you plan to use. The judge might also make recommendations about your case. And the judge might see if there are things you and your employer can agree on. If you agree about everything, you might not need to have a trial. Or, if you agree on some things, it might make the trial shorter and less complicated.
If you can't go to the settlement conference on the date the court sets, contact the court office and ask to change the date. Explain why you can't go.
If you don't go to the settlement conference and your employer does, the court can order you to pay your employer's expenses for going. Usually, the maximum amount you'd have to pay is $100, plus your employer's out-of-pocket expenses like travel costs and the cost of photocopying documents for the conference.
What to file before the settlement conference
If you have documents that you want to use as evidence, you're supposed to them with your claim. If you didn't do that or if you now have more documents, you have to them on your employer. You must also file them with the court.
And you must do this at least 14 days before the settlement conference.
The court will send you a blank Form 13A: List of Proposed Witnesses with the Notice of Settlement Conference. You also need to fill this out and serve it on your employer and file it with the court at least 14 days before the settlement conference.
There is more information about witnesses in Step 4.
For any documents and forms, you have to follow the rules about serving and filing. These are explained in Steps 3 and 4 of How do I sue my former employer in Small Claims Court?
Think about what you would agree to
Before the settlement conference, think about what you would agree to. You might decide to accept less than the full amount you asked for in your claim. For example, some people agree to less because they don't want to have a trial, or they hope the employer will pay them sooner if they agree.
But you don't have to agree to anything at the settlement conference.
