should I trust my attorney?.....

[NICJIM]

What is the name of your state? Florida

A few months back I filed suit against a former employer for overtime wages. I worked for this company for 6 months as an office clerk (basically running a register and answering phones). I was paid a salary of 425.00 weekly. when I left, I left for a combo of reasons. - I was called by my babysitter to pick up my 8 month old son for a really high fever. I took him to the ER and the whole time I waited for my son to be seen , my job called me ( and this is not an exaggeration) about 10-12 times asking dumb questions like "where did you file this paper". the proverbial straw came days after that incedent when she typed and initialed a letter stating that her employees do not receive any sick time compensation and I would be docked for the time I had taken off. In the same letter she wrote how she figured my salary in her head....8.50/hr and I was supposed to be working 99 hours in a 2 week period. That didnt make much sense to me because we were paid weekly and I thought I was salary...Thats what all my pay stubs said anyway. I asked her why she was docking me for taking my son to the ER when I never complained once about not receiving overtime. She basically told me she runs her business how she see's fit.
My attorney in this case does not keep me posted with updates when he receives feedback from opposing counsel. IOn Nov. 15 I gave a deadline to either receive a settlement check or atleast schedule a conference by Dec 15 or the settlement is out the window. I made the mistake of telling my former employer when she called to complain how much money she would have to shell out :just to prove she's right" That I wasnt asking for anything more than what I was entitled to from the beginning so That I could have a nice Christmas for my kids. ----so stupid. Because now she has said she'll pay me but purposfully wait until Jan 4. She gave my lawyer a spill about how the business is going under and he reccomends taking the settlement. He says I should take it because they can make a motion to force me to accept the settlement. Even though I have sighned nothing regarding a settlement. He says "the ball's already rolling". I took that as he accepted that settlement on my behalf even after I gave the deadline. Im not sure If I should trust everything he says because Its almost like he wants this case overwith to het it out of his hair. I hired him like 5 months ago and he's only called me 2 times. I call him every 2 weeks and leave a message for him to call with somekind of update...but I get a whole lotta nothin. Is this normal practice? I have no idea how the system works and I dodnt want to be taken advantage of. HELP!

[Andy0192]

Yes, you should listen to your attorney. He/she is likely much smarter than you are.

-Andy

[cbg]

Most attorneys do not have the luxury of enough time to return every phone call.

[NICJIM]

I was looking for helpful advice not an attack at my intelligence. Are you a lawyer? probably not**************.Thanks anyway though Andy. I understand I may not receive a call after everytime I have called but I think I should have received more than 2 calls in 5-6 months

[ecmst12]

If he has nothing new to tell you, then calling you would be a waste of his time. And his time is worth $150/hour! I'm sure he will call you when he has something to tell you.

You should NOT NOT NOT be communicating with your former employer AT ALL! You have probably damaged your case just by having the conversation.

[NICJIM]

I just need for someone to tell me if they CAN FORCE me to take the settlement offer. Why cant I say screw them? I want to be sure that my Lawyer is doing whats in the best interest of his client or his wallet.

[ecmst12]

His wallet and your wallet have the same best interests. He can't FORCE you to take the settlement, you do have to sign the papers, but he can advise you whether it's wise to take it or not. It's usually not worth it to anyone to take things to court "on principal".

[NICJIM]

I know I wasnt supposed to talk to my former employer but unfortunately she always seems to trick me somehow. When she called I told her to talk to my lawyer but she said "I just got off the phone with him" Then what do I say? This woman I truly beleive is certifiable. Over the courese of the 6 months I worked there she wanted me to erase cash sales from her database so she didnt have to pay sales taxes on them ( For which I did report her to the IRS and did not delete anything myself) She stole money from the company which her son actually owes. Accused me of stealing $600(which we discovered later was actually her friend that she hired making almost double what I did, with no experience) Her son is threatening to kick mine and my boyfriend's A** if he ever catches us on the street. Given everything thats transpired I think Ive been pretty nice throughout by even making a mention of settlement. I know I screwed up by telling her anything but all I can say is its a lesson learned.

[NICJIM]

Thank you ecmst12, someone actually gave me an answer I can work with. I appreciate that very much.

[eerelations]

All ecmst12 did was elaborate on cbg's response.

[NICJIM]

Thanks for the input....

[eerelations]

No wonder your attorney doesn't wanna talk to you!

[pattytx]

Originally Posted by eerelations

No wonder your attorney doesn't wanna talk to you!

Absolutely!!!!!!!

[ecmst12]

If she calls you, you tell her to talk to your attorney AND THEN HANG UP. That simple.