Legal Question in Employment Law in California

I was hired as a longshoreman in 2004. In 2007 I had some legal issues come up and upon legal advice took a plea. I would go to Diversion and upon completion charges would be dropped. I asked if that meant dropped or just hidden. I was assured they would be dropped. In 2008 I was told that we were going to need a TWICC card for work. Following a background check, anyone with a felony would no longer be able to continue employment. I recieved such a letter even though the charges were dropped. I havent worked for two+ years. tried union and nothing. do I have a case?


Asked on 4/14/11, 12:55 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Even if you had a case, a suit for legal malpractice must be filed within one year of the act of malpractice or when a reasonable person would have found out. That period of time has passed. If you could sue, the attorney would claim that you misunderstood as to the effect of the plea bargain and that you have nothing in writing to prove your case. You would have the burden to not only show that the attorney was liable but also that you could not find work elsewhere. I doubt any attorney would take your case except on an hourly fee basis, which would mean you most likely would spend more then you could win.

Read more
Answered on 4/15/11, 11:51 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California