Hi
I am hoping you can answer a couple of questions for me. I went to an attorney who had an office based in SF Ca. My original attorney had a serious health issue, and did not have the bandwidth to handle my case.
I was puzzled by much of the negotiation done by this new attorney on my behalf - statements along the line that CLC 2802 did not matter - that a lot of times expenses are settled for less than the expenses incurred and that as part of the Wage settlement that he procured I am unable to go back and sue for expenses. Situation as follow: 1. My employer in my final expense check - redid my Valid expense report citing that some of the expense were incurred more than 30 days before I claimed them - a policy that their firm based in Boston had in place they lowered my final expense check by eliminating all expenses older than 30 days which resulted in about $1500 less in reimbursement. (He said that did not matter I signed away my rights with the general release - there was no mention of expenses in the release.)
--since the time of settling my wage case for much less than anticipated, I have found the attorney who handled my case does not have a license to practice law in California (the way I see him getting around that is that his senior partner does, however that individual never got involved) is this right?
When I am looking at the law - and I am just a layman I read CLC 2804 saying I can't waive my rights in CLC 2802 - his response is that's not the way it is in actual practice - is this true?
There are a couple of other points, which seem illegal in the wage settlement agreement -
1. It states if approached by any other party suing the company "My previous employer" that I am to say, "I believe the matter is unfounded and I believe the case should be dismissed with prejudice?" Can they really make me say that?
2. I analyzed the original last offer made by the company and discussed it with my attorney (if I recall the amount was a $35,000 offer, I said I see how the employer came up with the $35k - which was an offer against only 39K however they weren't considering another commissionable deal which made it $51K . My attorney went back and countered with $39K and the company jumped at it. (At this point what was I to do) I took the offer - however when everything was finalized I let the attorney know that he had made this mistake - (the issue was I was completely depleted of funds - and I didn't have the option of changing firms - also they had threatened to quit telling me they were doing me a favor by taking my case - normally they only dealt with Class actions.
3. The reason this firm had helped me with a simple individual case is that my wife had a larger class action, which is filed.
4. My wife's case became complicated so the attorney is determined to seek just an individual settlement and get rid of the case.
4. Now, both attorneys working her case are telling her that its standard procedure to waive a fairness hearing that seems to be a right because it is an FLSA case, however there seems to be a number of illegal terms, which were included in the agreement.
5. Finally, we once asked about consulting a third party - the DSLE as a body of knowledge - anonymously at which time they said they would quit and bill us for the expenses which was acceptable under the terms of the contract - we feel like we have no alternative - we do need the money but - honestly is this the type of action/threat that is acceptable for attorneys to do?
I am to the point of wondering what if any options we have - so much sounds illegal about the contract they are asking her to sign. I only mention one of about six or seven items that sound illegal by our reading of the law.
Can we:
Approach the judges office anonymously, indicate it is a case he is presiding over and ask for advice (I believe that might be a breach of confidentiality-which is the term they keep threatening to quit over if we contact any agency/attorney or person, even anonymously and gives them a valid reason to say we are unreasonable to work with and abandon our case.
Funny thing is another class group we referred to their “this Firm’s attorneys,” which they passed on is now being handled by a firm in LA and is apparently crushing the company based on the egregious violations exposed.
BTW – the company continues to be cited by agencies throughout the country about 10 to 20 times based on public record for FLSA violations – I only mention this to speak to their character.
We are honestly afraid that if we sign this agreement is seems to infer that we could be considered in breach for any past, present or future statements made that are derogatory against the company. (How does someone remove the past?
If anyone were interested in seeing a brief summary with all identifying information redacted, we would welcome it. (My wife has a much more concise list.) She is honestly frightened of repercussions from our attorneys and the company if she signs off on this agreement.
– Our attorneys say it’s just standard form, however putting it side by side with my settlement agreement – from a reputable company, it seems unfair – in fact, one interesting point is that where my settlement, provided by the company I was suing specifically states I am not waiving my rights under the 1967 disabilities act, hers is insisting she waives that specific right.
I am lost at what to do and my wife has lost countless nights over this matter – also assembling gigabytes of files, data and such which was provided to our attorneys in something a file-sharing system. None of which was every presented, nor was a demand letter sent – simple the original “Vague – intentionally-Vague” original filing of the class action.
Please anyone – we cannot afford a new attorney at this point the retainer would be a challenge – what if anything can we do?
I am hoping you can answer a couple of questions for me. I went to an attorney who had an office based in SF Ca. My original attorney had a serious health issue, and did not have the bandwidth to handle my case.
I was puzzled by much of the negotiation done by this new attorney on my behalf - statements along the line that CLC 2802 did not matter - that a lot of times expenses are settled for less than the expenses incurred and that as part of the Wage settlement that he procured I am unable to go back and sue for expenses. Situation as follow: 1. My employer in my final expense check - redid my Valid expense report citing that some of the expense were incurred more than 30 days before I claimed them - a policy that their firm based in Boston had in place they lowered my final expense check by eliminating all expenses older than 30 days which resulted in about $1500 less in reimbursement. (He said that did not matter I signed away my rights with the general release - there was no mention of expenses in the release.)
--since the time of settling my wage case for much less than anticipated, I have found the attorney who handled my case does not have a license to practice law in California (the way I see him getting around that is that his senior partner does, however that individual never got involved) is this right?
When I am looking at the law - and I am just a layman I read CLC 2804 saying I can't waive my rights in CLC 2802 - his response is that's not the way it is in actual practice - is this true?
There are a couple of other points, which seem illegal in the wage settlement agreement -
1. It states if approached by any other party suing the company "My previous employer" that I am to say, "I believe the matter is unfounded and I believe the case should be dismissed with prejudice?" Can they really make me say that?
2. I analyzed the original last offer made by the company and discussed it with my attorney (if I recall the amount was a $35,000 offer, I said I see how the employer came up with the $35k - which was an offer against only 39K however they weren't considering another commissionable deal which made it $51K . My attorney went back and countered with $39K and the company jumped at it. (At this point what was I to do) I took the offer - however when everything was finalized I let the attorney know that he had made this mistake - (the issue was I was completely depleted of funds - and I didn't have the option of changing firms - also they had threatened to quit telling me they were doing me a favor by taking my case - normally they only dealt with Class actions.
3. The reason this firm had helped me with a simple individual case is that my wife had a larger class action, which is filed.
4. My wife's case became complicated so the attorney is determined to seek just an individual settlement and get rid of the case.
4. Now, both attorneys working her case are telling her that its standard procedure to waive a fairness hearing that seems to be a right because it is an FLSA case, however there seems to be a number of illegal terms, which were included in the agreement.
5. Finally, we once asked about consulting a third party - the DSLE as a body of knowledge - anonymously at which time they said they would quit and bill us for the expenses which was acceptable under the terms of the contract - we feel like we have no alternative - we do need the money but - honestly is this the type of action/threat that is acceptable for attorneys to do?
I am to the point of wondering what if any options we have - so much sounds illegal about the contract they are asking her to sign. I only mention one of about six or seven items that sound illegal by our reading of the law.
Can we:
Approach the judges office anonymously, indicate it is a case he is presiding over and ask for advice (I believe that might be a breach of confidentiality-which is the term they keep threatening to quit over if we contact any agency/attorney or person, even anonymously and gives them a valid reason to say we are unreasonable to work with and abandon our case.
Funny thing is another class group we referred to their “this Firm’s attorneys,” which they passed on is now being handled by a firm in LA and is apparently crushing the company based on the egregious violations exposed.
BTW – the company continues to be cited by agencies throughout the country about 10 to 20 times based on public record for FLSA violations – I only mention this to speak to their character.
We are honestly afraid that if we sign this agreement is seems to infer that we could be considered in breach for any past, present or future statements made that are derogatory against the company. (How does someone remove the past?
If anyone were interested in seeing a brief summary with all identifying information redacted, we would welcome it. (My wife has a much more concise list.) She is honestly frightened of repercussions from our attorneys and the company if she signs off on this agreement.
– Our attorneys say it’s just standard form, however putting it side by side with my settlement agreement – from a reputable company, it seems unfair – in fact, one interesting point is that where my settlement, provided by the company I was suing specifically states I am not waiving my rights under the 1967 disabilities act, hers is insisting she waives that specific right.
I am lost at what to do and my wife has lost countless nights over this matter – also assembling gigabytes of files, data and such which was provided to our attorneys in something a file-sharing system. None of which was every presented, nor was a demand letter sent – simple the original “Vague – intentionally-Vague” original filing of the class action.
Please anyone – we cannot afford a new attorney at this point the retainer would be a challenge – what if anything can we do?