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  1. #1
    Join Date
    Jul 2018
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    115

    Default Settlement Negotiations for a Wrongful Termination Case

    My question involves labor and employment law for the state of: ca

    My former employer wants me to give them a number to close my civil wrongful termination case. I have an open workers comp case and Iím currently in trial.

    What is a reasonable amount to start the negotiation. They want to avoid trial.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,097

    Default Re: Settlement Negotiations

    It would be unbelievably irresponsible for us to give you any kind of a number, since we have absolutely no idea whether you even have a case or not. It certainly isn't clear that you do from your prior posts.

  3. #3
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Settlement Negotiations

    Quote Quoting cbg
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    It would be unbelievably irresponsible for us to give you any kind of a number, since we have absolutely no idea whether you even have a case or not. It certainly isn't clear that you do from your prior posts.
    I have two cases. They want to avoid trial in superior court. Their WC attorney has been sending emails daily to settle for $25k.

    Iím at trial in my WC case and my next trial date is in June. I cross examine one of their witness and I caught him lying several times. He decided not to answer anymore questions halfway through. He suddenly lost his memory and could not recall anything he wrote in his reports.

    My WC claim will take another year or two before I reach mmi. I have 2-3 test to complete before the qme gives his final report.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,097

    Default Re: Settlement Negotiations

    Doesn't change the answer. The only one who can say what is reasonable is either you or an attorney in your state who has all the available facts and numbers in front of him. We've been telling you for weeks now to get one. THAT'S who can answer your question. Not us. Not strangers on a message board.

  5. #5
    Join Date
    May 2014
    Posts
    207

    Default Re: Settlement Negotiations

    Well let me be the totally irresponsible one here....

    It is true that without knowing anything about your case, I can't say if it's worth $1 or $1 billion. That being said..I would guess....

    If they offered $25k, I would guess they are prepared to give up $35k - it all depends on how stupid they think you are. So if you feel $35k is fair, you should counter at $50k. Or you can get a lawyer - who may get you the full $50k and after his fees, you will get $30K. Or...

    Hire a lawyer and negotiate his fee on the amount over $25k. Logic being is that you have already secured a payoff of $25k and most likely could get $35k without any assistance. Therefore the lawyers fee should only be based on anything over the $35k. They should not profit from the work you've done.

  6. #6
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Settlement Negotiations

    Thank you for your honest advice. My concern is that I don’t know how it will effect my WC case. I’m currently in trial for ttd benefits. The period of ttd is from the day I was fired.

    My WC case is accepted but they refuse to pay ttd. I’m confident that I’ll win my trial. I was terminated for not following procedure because HR saw the wrong doctor report. They saw the correct report after they fired me so they forced my former coworkers to write statements alleging I force them to pay me money.

    My civil case is for retaliation after reporting misclassification of non exempt employees. I could have filed for just about anything since management was terrible.

    I also have a DOL claim and I’m waiting for a hearing date. It’s for failing to provide my personnel file. Also for keeping a secret file. I haven’t work in the last two years and it’ll take a year before I can work again.

  7. #7
    Join Date
    May 2014
    Posts
    207

    Default Re: Settlement Negotiations

    Don't get me wrong - I'm not promoting your cause, just giving opinion. Most people who have filed multiple lawsuits while not working for two years are just trying to get someone else to pay for their existence. We have far too many "poor pitiful me" cases in this country - all promoted by "give me money I don't deserve" lawyers. If I was Thanos, I would snap my fingers....

  8. #8
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Settlement Negotiations

    Quote Quoting Guybrush
    View Post
    Don't get me wrong - I'm not promoting your cause, just giving opinion. Most people who have filed multiple lawsuits while not working for two years are just trying to get someone else to pay for their existence. We have far too many "poor pitiful me" cases in this country - all promoted by "give me money I don't deserve" lawyers. If I was Thanos, I would snap my fingers....

    I understand what you are saying. I didnít want to do this. I only wanted to get treated for my injury and of course the benefits that comes along with it.

    I realize that I can not win my WC case because the employer has cut my arms and legs. This was the option I have. Iíve worked ever since I was 18. I actually started around 13 morning neighbors lawn and also the fields. Iíve only taken one vacation in 9 years with that company. I donít have any history of claims except my car was stolen once.

    I have not worked the last two years because I have restrictions and I doubt Iíll get any good references from that employer. The current qme has me ttd until he sees all medical records. I could easily take the $25k offer if it was just about money.

    I do have fear and anxiety that if I donít stand up for myself, I will just face discrimination again with other companies. Itís not a good feeling to know that no matter how hard you work, you will never get the recognition.

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