Legal Question in Employment Law in California

I was fired from a job (13 years- top producer). I had a heart attack (lost 60% of heart at 49) and multiple G/I problems (had surgery). I was technically disabled but still worked. I went to an owner to stop unreasonable manager and the favoritism before he killed me. Ignored/got worse, he actually breached ADA law (-accommodations-), waited two years, sent letter to owners son/pres. and asked for intervention (lip service only). Filed with EEOC, they did nothing, and after bogus write-ups, I was fired at 59. I got a contingency lawyer, we're through most of the deposition and mediation but we have had a falling out and I don't think he's being honest and I don't think we will remain together. Wrongful termination, retalliation, discrimination, is proven in deposition, the issue is damages. My attorney seems to accept anything, I disagree. I'm now on disability and make apx 40k yr, about 45 to 50k less than working. I made them personally apx $5m labor and more in parts (provable). Can I bring that up in court? Can I bring up in court that this car dealer has insurance for the legal awards? If I separate from my lawyer, is there any chance for another to pick up my case?


Asked on 7/28/10, 11:31 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The problem posed by your question, is you are asking complete strangers who know nothing about your case to address issues only your own attorney, who has been working the case from the beginning, can answer.

What you can or cannot bring up in court depends upon the legal issues of your case. Generally, evidence of insurance is not admissible for juries to hear about.

If you discharge your current attorney (which you have the right to do), it is likely your attorney will place a lien on the case, as he will want to be paid for the work he has done to date. If you have gone deep into the case, this will make it difficult to retain new counsel.

Sometimes these disputes arise from lack of communication. You should meet with your attorney and ask for a clear explanation of how he evaluates your case and why he is suggesting you settle. If you still cannot accept his answer, consult with at least 2 or 3 experienced employment law attorneys to discuss why you disagree with your current attorney's evaluation. You may need a second or third opinion to satisfy yourself, before you discharge your attorney, which should be a last resort.

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Answered on 8/02/10, 12:00 pm


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