Legal Question in Employment Law in California

Our Employment Attorney is not Responding

My previous employer owed me and my other co-workers there some wages. In November of 2003, my co-workers and I have hired an attorney to work on our case. But as of today June 6, 2004 our attorney has not filed our case and has not returned our calls. If he happened to answer the phone when we call, he would apologize and said he had been busy and will work on it. What can we do to speed up the process? What do you think we should do?


Asked on 6/06/04, 3:38 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Our Employment Attorney is not Responding

Fire your attorney immediately. There is no excuse for a lawyer to not return clients' calls, no matter how busy. If he doesn't want the case he should tell you as much. Good, reputable attorneys may not be able to respond to their client's calls right away, but they do get back to them as soon as possible. And the more your case is delayed, the greater the risk that claims may be lost and evidence may be more difficult to acquire.

Shop around and talk to other attorneys now, and when you find one you are comfortable with, have him or her write your former attorney and request your file. Better yet, demand that the attorney return your file to you to take to prospective attorneys for review.

You may also file a wage claim with the California Labor Commissioner, if you are having difficulty finding an attorney to take the case. But remember, if you wait, you may be losing part of your claim.

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Answered on 6/10/04, 6:52 pm
Jim McCullaugh Law Offices of Jim McCullaugh

Re: Our Employment Attorney is not Responding

Suggest you get new counsel. The longer this drags on the more perilous your position becomes.

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Answered on 6/15/04, 3:39 pm
Terry A. Nelson Nelson & Lawless

Re: Our Employment Attorney is not Responding

Hire a new attorney. Time limits apply to your claim, and if you are seeking several years of backpay, you could lose the right to some of it. Contact me if interested in getting new counsel.

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Answered on 6/11/04, 12:42 pm


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