What is the name of your state (only U.S. law)? Michigan
I filed a wrongful termination suit against my employer and my lawyer and I agreed to certain settlement terms. We agreed to a monetary amount and also a letter of employment verification (I had told my lawyer that I thought the employer would not supply the letter and she assured me (in writing in an email) that they had to comply and, if not, she would enforce it for me). We received the check within the 30 days (the employer insisted on the 30 day limit). The money went to my lawyer and she distributed it. I got two checks - one was for 20% that they insisted (and my lawyer said was common) would go through payroll and the other was for the rest (minus my lawyer's fees obviously). This was settled last July. I still have yet to receive my letter and also I never received a check stub for the payroll part to see what deductions and amounts were taken out. I contacted my lawyer and, after a few tries, she told me (through her assistant) not to worry and she would take care of it after the "holidays". Not sure if she meant Thanksgiving, Christmas, New Years or what. Well, I would try to email her or call her office and never receive any acknowledgment. I am at my witts end. I can't realistically find a job without the letter saying where I worked for over 5 years - especially here in Michigan. I don't know what my options are. Can I (or should I) take my lawyer to small claims court for breach of contract? After all, I had a contract with her and have it in writing that she was supposed to enforce the settlement. Or do I have to try to find another lawyer - I can imagine how hard and expensive that might be. Or do I need to try to approach my former employer by myself - really not a good idea. Any help would be appreciated.
I filed a wrongful termination suit against my employer and my lawyer and I agreed to certain settlement terms. We agreed to a monetary amount and also a letter of employment verification (I had told my lawyer that I thought the employer would not supply the letter and she assured me (in writing in an email) that they had to comply and, if not, she would enforce it for me). We received the check within the 30 days (the employer insisted on the 30 day limit). The money went to my lawyer and she distributed it. I got two checks - one was for 20% that they insisted (and my lawyer said was common) would go through payroll and the other was for the rest (minus my lawyer's fees obviously). This was settled last July. I still have yet to receive my letter and also I never received a check stub for the payroll part to see what deductions and amounts were taken out. I contacted my lawyer and, after a few tries, she told me (through her assistant) not to worry and she would take care of it after the "holidays". Not sure if she meant Thanksgiving, Christmas, New Years or what. Well, I would try to email her or call her office and never receive any acknowledgment. I am at my witts end. I can't realistically find a job without the letter saying where I worked for over 5 years - especially here in Michigan. I don't know what my options are. Can I (or should I) take my lawyer to small claims court for breach of contract? After all, I had a contract with her and have it in writing that she was supposed to enforce the settlement. Or do I have to try to find another lawyer - I can imagine how hard and expensive that might be. Or do I need to try to approach my former employer by myself - really not a good idea. Any help would be appreciated.