Legal Question in Employment Law in California

I am currently in the process of settling a lawsuit for wrongful termination.The basis of my lawsuit was I injured my back at home and I contacted my employer and let him know of the situation and he agreed I should take some time off to get better. I went to the dr and they recommended a X-ray and physical therapy. Then I told my supervisor I was going apply for temporary disability and he terminated me that same day. His reason for terminating me was for no call no show but my phone records showed all the times I called and showed times he said he called me but I never returned his calls but my records showed that I never received calls from him when he said he called me. For over a year my lawyer said I had a strong case and after my my deposition he said my only weakness was I didn't try hard enough to mitigate my damages and he also said their is no way they want to put you in front of a jury. After my deposition we started negotiating a settlement we started at $95,000 and they countered with $3,500 and just about a month ago we were offering to settle for $80,000 and my attorney said that we will start our discovery and hopefully that will motivate them to settle and then out of no where my attorney started saying my case was weak and I needed to think about taking what they had offered which was $24,000 we negotiated a little more and got it to $35,000 and I said I wouldn't settle that low and my attorney said if I didn't take that offer he was going to walk away from my case Should I accept it or should I find another attorney,would another attorney even take my case. Any advise would help.


Asked on 5/20/14, 6:23 pm

1 Answer from Attorneys

Aryeh Leichter Leichter Law Firm, APC

The first thing you need to do is review your retainer agreement to determine what kind of lien your attorney has on your case, and if it's worthwhile to retain another attorney. Please give me a call at (213) 381-6557 or send me an email at [email protected] if you would like to discuss the matter further.

Best,

Ari Leichter

Read more
Answered on 5/20/14, 6:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California