Add Comment Question: If I was let go without cause, and decide to take my former employeer to small claims because my severance was inadequate, can I be forced to pay his legal fees if I lose? Answer: The general rule is that the party that loses a case has to pay the winner their legal costs. This rule applies in Small Claims Court too. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.