Ethics Question

[breakingpoint]

During the "Let’s make a deal" phase of a Exempt Misclassification and Overtime back pay case my lawyer sent a demand letter for Back Pay. His total request for my back pay was nearly double what I was requesting. When I asked for him to correct this, he said not now and to wait for the company’s response. I also provided poof of my overtime hours. I asked my lawyer to forward this proof to the company as they had said they will pay for any overtime that is owed. Instead of a settlement for Overtime Back Pay, it became a separation agreement between the company and myself. In the last few days of the settlement talks between the lawyers, I had personal issue my lawyer was aware of. I was very clear I told him I was not in a condition to make any decisions and I was supposed to have 21 days to accept the settlement. The day after he sent me the offer he called me 6 times and sent 2 emails. I felt forced to signing a settlement that I did not agree with. I found out later that demand letter was never corrected with my actual hours. The proof that I had worked OT was never giving to my former employer along with several other requests I had at the time. The settlement also prevents me from taking any action against the company. This case was done on contingency. All he did was filing the complaint and handle the settlement. He never spoke to one person other than defense counslole that I know of. Am I right for thinking he pressured me to sign the settlement even though he knew I did not agree with it because he gets a very high fee and almost no expenses at this point. If he had done what I requested and only ask for the OT I had worked his fee would have been much less. The company also may have had a different view towards me if they were given the proof I had worked and maybe this would not have become a separation agreement. … Do I have a valid case to do anything about this or am I just out of luck?

 

[Ohiogal]

During the "Let’s make a deal" phase of a Exempt Misclassification and Overtime back pay case my lawyer sent a demand letter for Back Pay. His total request for my back pay was nearly double what I was requesting. When I asked for him to correct this, he said not now and to wait for the company’s response. I also provided poof of my overtime hours. I asked my lawyer to forward this proof to the company as they had said they will pay for any overtime that is owed. Instead of a settlement for Overtime Back Pay, it became a separation agreement between the company and myself. In the last few days of the settlement talks between the lawyers, I had personal issue my lawyer was aware of. I was very clear I told him I was not in a condition to make any decisions and I was supposed to have 21 days to accept the settlement. The day after he sent me the offer he called me 6 times and sent 2 emails. I felt forced to signing a settlement that I did not agree with. I found out later that demand letter was never corrected with my actual hours. The proof that I had worked OT was never giving to my former employer along with several other requests I had at the time. The settlement also prevents me from taking any action against the company. This case was done on contingency. All he did was filing the complaint and handle the settlement. He never spoke to one person other than defense counslole that I know of. Am I right for thinking he pressured me to sign the settlement even though he knew I did not agree with it because he gets a very high fee and almost no expenses at this point. If he had done what I requested and only ask for the OT I had worked his fee would have been much less. The company also may have had a different view towards me if they were given the proof I had worked and maybe this would not have become a separation agreement. … Do I have a valid case to do anything about this or am I just out of luck?

Seriously? I don't see anything ethically wrong with how he handled negotiations. If you did not want to sign the settlement you could have said NO. You chose to sign it. Who did you expect him to speak with?

 

[Hot Topic]

What you "felt" is irrelevant.

 

[Mass_Shyster]

If he had done what I requested and only ask for the OT I had worked his fee would have been much less.

So he got you more than you were asking for?

 

[breakingpoint]

Yes. But I also lost my job because of it. If he had used my real hours that I had proof of I would not have lost my job. He said this is the only settlement I will get and did not let me wait the 21 days to decide