Legal Question in Employment Law in California
Wrongful Termination - Fired the day after injured on the job
I was injured at work, and terminated the next day-citing my services were no longer needed. Prior to my injury, illegal employment issues were discovered, and reported to the CEO. The labor board held courts, and the company lost each case. I reported findings to the labor board, and believe this is the reason I was terminated.
My attorney has not been active. No depositions have been taken, no witness statements, etc. My attorney wants to withdraw from the case because MY old check stub date being changed by my husband and used to purchase a car. My attorney says the lawsuit has been damaged because my character is tarnished. My attorney wants me to drop the case before even viewing the summary of judgement documents.
My attorney has done nothing in my favor, he has waited to see what the other attorney will produce, causing my case to be without witness statements, depos, etc. while the other attorney has gone after as much damaging info as possible against me. Is my attorney liable for not doing his job?
If the case is dismissed/dropped, can I be sued for the other attorney's fees/court costs, etc?
2 Answers from Attorneys
Re: Wrongful Termination - Fired the day after injured on the job
The first thing you MUST do is try to save the case. Tell your attorney that you will not agree to let him out of the case, so he will have to file a motion to be removed at which time you can ask the court for additional time to respond to the summary judgment motion until you can hire a new attorney and have them get up to speed to prepare a response. Begin looking for a new attorney immediately.
If after all that diligent effort to save the case, it is still dismissed then you may have a legal malpractice case against your old attorney. But in such an action you have to prove that you would have won the underlying litigation but for the attorney's negligence. Not an easy thing to prove.
If your case is dismissed, you could be liable for the opposing attorney's fees and costs. That would be evidence of further damages in your malpractice case against your current lawyer.
Good luck.
Re: Wrongful Termination - Fired the day after injured on the job
It is unclear what you mean by the pay stub, but if you ultimately lose your lawsuit a judgment can be issued against you for the other sides' costs. You should ask your attorney what the chances are that that will happen, and how much it would be.
If you are dissatisfied with your attorney you should seek a second opinion.
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