confidentiality

[Loretta]

Injury suit settled with opposing counsel for $500.00 rather than go through a summary Judgement.Two years of fighting a clever and powerfull law firm; and my attorney withdrew! However there was a wrongful termination involved too, but the statute of limitations ran out with regard to that aspect. But now (for $500.00) they want me to sign a confidentiality agreement as well. The reason being that CBS has expressed an interest in doing a special about my situation and the plight of people wrongfully terminated for injuries. What should I do?

 

[PapaSmurf]

Gees, Loretta! don't sign the agreement. There are so many injured workers who are trying to get as far as you did. Don't sign the GAG. Your story needs to be heard, as with so many others. All we see on "realTV"
is the cases that were faked, to get W/Comp.
But when the injury is real, where's the news crew? Worker's Comp. protects the EMPLOYER, IME's are licensed frauds, and injured workers are getting shafted. For $500.00? they just want you to go away, and keep it secret.

 

[Tracey]

How much will CBS pay you for the rights to your story? Is this for 20/20 or for the local news? How much will the company be hurt if the story airs?

Make sure the gag order is separately negotiated and separately paid for. In fact, make it a separate contract. The company should be willing to pay considerably more than $500 for your silence. Depending on the nature of their business, the negative publicity from a 20/20 feature could cost them thousands. If they stand to lose thousands, make them pay thousands to kill the story. You have just been handed a trump card in the negotiation game. Use it. You can even use the gag order as a way to settle your wrongful termination claim.

You have no duty to tell your story, but no duty to keep silent either. If they won't meet your price, settle for $500 without the gag order and let the story air.

Remember, the gag order will forbid you talking to anyone, not just CBS.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 17, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Loretta:
Injury suit settled with opposing counsel for $500.00 rather than go through a summary Judgement.Two years of fighting a clever and powerfull law firm; and my attorney withdrew! However there was a wrongful termination involved too, but the statute of limitations ran out with regard to that aspect. But now (for $500.00) they want me to sign a confidentiality agreement as well. The reason being that CBS has expressed an interest in doing a special about my situation and the plight of people wrongfully terminated for injuries. What should I do? <HR></BLOCKQUOTE>

My response:

I really must concur, to a great extent, with my collegue, Tracey. The money, if any is being offered, for a "tell all" may be far greater than the current settlement. However, where I'm having a little trouble is with what you haven't said. The fact may be that your opponent's Motion for Summary Judgment could still be on calendar; i.e., it's either "sign the settlement or we go forward with the Motion." And that's a bit troubling in two respects: 1) Losing a motion for Summary Judgment can be very costly in terms of you having to pay the expenses of the opponent's attorney and costs; and, 2) Depending on the type of lawsuit, could open you up to a Malicious Prosecution action by them against you.

While the long term effects (selling your story) may be exciting, you need to know if any amount is being offered by CBS, and that the amount will be sufficient to protect against the expenses of the short term effects (the Summary Judgment expenses). For all we know, at this point, you may have allowed too much time to pass in order to write an effective Opposition to the Motion for Summary Judgment, or at all, and thus have placed yourself in the tenuous and unenviable position of being forced to settle, and on their terms.

So, at this point, with what you have told us, in conjunction with what you haven't told us, there's not enough information, at least for me, to suggest one avenue or the other.

Good luck to you.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited May 17, 2000).]