Constructive case and fees?

[lionfoot]

What is the name of your state (only U.S. law)? Toronto
I have started a constructive case against my former employer for refusing to pay me on pay day. 5 days after pay day and him avoiding me I left. I worked for him for almost 12 years. So far I've paid $4000 retainer only to have gotten to mediation twice. Now my lawyer wants $3000 more or he'll drop my case in seven days. Even if I am successful and win my case he wants a further 25% contingency . I feel this is excessive considering I am only seeking $25k which is the limit for small claims. Do these fees seem too much as I won't be able to get court cost above $750ish in small claims?What is the name of your state (only U.S. law)?

 

[swalsh411]

US law only

 

[eerelations]

I am in Canada and know Canadian employment law quite thoroughly.

Several questions come to mind:

1. Why haven't you filed claims with the Ontario MOL or the federal HRDC?
2. Why are you using a lawyer to ferry you through small claims court?

 

[Banned_Princess]

When did Toronto become covered under US law?

 

[eerelations]

When did Toronto become covered under US law?

See my post. I will try to help the OP, if he answers my questions.

 

[swalsh411]

My understanding is that this forum is paid for by sponsors who do not want forum resources devoted to non-US legal issues.

If you wish to help the OP perhaps it would be best if you did so through private email.

 

[cbg]

eerelations has answered quite a few Canadian based questions here and the forum administrators have not objected yet.

 

[swalsh411]

Well OK then.

 

[lionfoot]

constructive

Thank you for your response eerelations,
MOL said I should see a lawyer because I could claim more then their $10t limit. We originally ask for $50t under simplified rules, then after my first mediation we asked for $25t because the limit for small claims was increased from $10 to $25T. At my second mediation my lawyer suggested small claims but the other lawyer said no unless I waive some right allowing him to ask for more then the $750 max for small claims to cover his cost from the start until now. I feel like I got kicked in the gut because I get the feeling I will eventually have to give up as the fees will eat up any judgements in my favour. Might have been better off letting him keep my $4000 pay and just walk away, but the thought of this disgust me. My former boss is a real jerk and has not paid employees in the past but none have them have tried to go after him for constructive dismissal. He has been taken to the labour board and lost 3 times (laughed about it) but they were for for small amounts (less then $2G`s) In his own words he`s a millionaire, he has money (to defend) so go ahead and sue me. Knowing that his minimum wage employees can not.

 

[eerelations]

My understanding is that this forum is paid for by sponsors who do not want forum resources devoted to non-US legal issues.

If you wish to help the OP perhaps it would be best if you did so through private email.

At least five Canadian law firms advertise on this site.

 

[eerelations]

OP, $3,000 more is reasonable, but the contingency fee on top of that is not. 10% is more reasonable, given that you're paying retainers in addition to contingency.

I can't reco a lawyer for you (even in a private email) however I can say that the more shark-like ones I've had to deal with are the ones that represent unions, and their rates are generally pretty reasonable.

So, find a union and get the name of its lawyer. And if you really want to help out those poor min wage sods at your former employer's, help the union sign them up (unions will absolutely not allow employers to get away with not paying their members!) - maybe they'll help you with your legal fees if you do this.

 

[lionfoot]

same

So, are you saying $7000 before even 1 day in court is reasonable. I thought there was a limit to how much a lawyer could charge you. ie: their fees could not me more then 50% of what your asking for. Can start over again with paralegal for a flat, do I risk being sued for what legal he has paid to his lawyer. (I can`t type questions marks for some reason)
Also, I started this more than a year ago: two cases, first one I one already won (lawyer recomended I seperate them). I was told $4G`s flat rate but my final accounting was $8.5G (I paid)-this for a $15G case. Of this the judge only awarded me $1g for my cost, I know life`s not fair but I feel like I got screwed considering I won. Problem is I got a letter demanding the $3g`s in seven days or they will drop my case. Can they do this...This does`t seem right hence my searching the forums

 

[eerelations]

These forums are for answering questions about the law, not legal fees.

I'm saying $7,000 is reasonable if there's no contingency fee.

There are no laws restricting lawyers' fees.

If you need more information about lawyers and their standard practices, contact the Upper Canada Law Society.