i have a wrongul lawsuite attorney is going to send a pre lit letter to past employer what are the chances of them to settle before filing a lawsuit? could my present employer decide to fire me if the opposing counsel request employment records? My new employer is a larger corp. should i advise human resources before the opposing counsel request my employment records?
No one here has any information about the facts of your claim or the circumstances of your termination. That means that no one here can g=have a meaningful opinion about the prospects for settlement of your claim. What does YOUR lawyer say? That is who you need to ask. That lawyer has some information of which to base an opinion.
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Since you have engaged counsel to help you, your questions should be directed to your attorney. Presumably he or she has much more knowledge about the circumstances of your case than you have disclosed here, and your best bet is to rely on his or her knowledge, skills and experience to get your through this.
As my colleagues indicated, your attorney who presumably has knowledge of the facts of your case is the person to speak to regarding your chances of settlement. In general, 15% to 20% of my cases happen to settle pre-litigation. But again, it absolutely depends on the facts of your case, employer, etc.
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Your attorney will have to answer the first question, about the chances of settlement. Nothing ventured, nothing gained. Some employers want to resolve things out of court, others wont take you seriously until you sue, and it really depends on the facts of your case.
Your second question about your employment records is interesting. You are concerned that if you file suit, your new employer will find out about the suit when your records are subpoenaed, and may react negatively. This is a reasonable concern. Again, the facts of your case will make a difference. If your case is based on discrimination or harassment, the law protects you against retaliation, even in the new job. That is, if your new employer found out you had made a sex, age, race etc. discrimination or harassment claim against your prior employer, and punished you for that, it would also be violating the law. But the last thing you need is two lawsuits. I think it would be smart to sit down with HR at your new job, after the lawsuit is filed, let them know that a subpoena will be coming, and ask them to keep it confidential, away from your current manager, so that he or she does not have to deal with it. Do not go into the details of the lawsuit, because that will just complicate matters. But talk to your lawyer about the issue before doing anything.
More facts could change the answer. This response is not legal advice.
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