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Should I settle for a small (one month wage) or go to trial?

Upland, CA |

I was terminated the same day I left to go on disability. I'm 55 and though I worked there (14 years) 3 of which I had a heart attack, was in tremendous pain, stress and belittlement from this employer. The last 8 months has been worse as the company has been making numerous changes while failing to inform or communicate with me making it hard to do my job. The employer offered a small severance but my attorney feels I should not accept this and we should go to trial. The employer told my attorney that they were going to terminate me anyways, but when I asked the employer prior they always stated they were looking for an assistant to help me. Worried that more lies from them will be devastating to my case and health. What should I do???

What are my choices or chances to resolve this without harming myself any further. I can't afford costly attorney fees or any further stress from this employer. I do feel this company should be reprimanded for treating people so unfairly and stripping people of their health and dignity.

Attorney Answers 3

Posted

What you are asking is inappropriate. You have an attorney who is fully familiar with the facts of your case and has worked it from the beginning. You are asking attorneys on-line to second guess your own attorney based on a paragraph you posted. There is absolutely no way anyone can provide you with the advice you are seeking.

If you believe your attorney is not providing you with sound legal advice, your remedy is to discharge the attorney and hire someone else. Otherwise, pose this question to your attorney and follow-up by asking why he or she believes it is better to go to trial. They know the risks. They are invested in your case and your own attorney is the only person who should be advising you on whether to settle for a nominal amount or not.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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Posted

It is about principal and what is fair.

Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation. http://www.sandiegoemploymentlawyer.net

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Posted

You should bring these concerns to your attorney immediately. If you are not satisfied with your attorney, you can always seek a second opinion from an employment attorney who handles disability discrimination cases. Most offer a free consultation, so don't be afraid to ask.

Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]

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