Legal Question in Employment Law in California
my attorney filed a civil unlimited case in california superior court, he wants me to settle the wage claim case for paying me less than time and a half for o.t. and also paying o.t. in cash for past three years equaling approximately 8k owed to me for 15k. He filed the suit for wage claim, fraudulant paystubs, waiting time penalties as well as a paga claim for meal and rest time violations as well as misclassification charges. He says if i want more than 15k then i need to pay all exspenses if i want him to represent me.He also refuses to show me any papers concerning my case. Is there something wrong here and if so what can i do?
1 Answer from Attorneys
You have an absolute right to see all papers in your case. An attorney is in error if he or she refuses to show them to the client.
Expenses of a case are ultimately the client's responsibility. They would be paid out of any settlement before you received your share. An attorney also has no obligation to advance expenses, even if the case is on a contingency. The attorney, however, must be careful about negotiating a change in his fee arrangment in the middle of representation. It is not possible to tell at this juncture if this is an error on your attorney's part.
The key question in terms of the proposed settlement is the chances of success at trial. This cannot be evaluated in a public forum. You may need to consult with another attorney for a second opinion about your case.
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