Great video calling out the "shifty" attorney and loved the "delightful" guest at 0:21-0:23. 6:32 Pretty kitty cat riled up and meowing in the background. Please tell her that her meowing opinion matters.
I had this exact situation happen to me too. I had a non-payment for work claim (non-employee contractor) for approximately 10k and had a fixed payment + contingency arrangement with my attorney. My attorney sent a demand letter and filed the case but the defense did not respond to either. Subsequently my attorney simply ghosted me. Eventually I called up the company and negotiated my own settlement. Subsequently I filed a complaint against the attorney with the state bar. Unbeknownst to me he was accepting a large volume of cases and attempting to flip all of them; if flipping failed he would just stop responding and try to get new cases to flip. To their credit the bar investigated and suspended his license for 2 years.
Just to clarify I recieved the payment via payroll immediately as a severance because I dropped the case with the eeoc. This was done through me and the CEO/CFO no attorneys. Was paid as wages and taxed at the normal 22%. I do see that my state does have a fee dispute process with the bar association. However, they require that I speak to the attorney before proceeding and if we cannot agree then I would file a grievance with the bar association. This lawyer really did nothing because before he even put in the eeoc charges the employer offered $10,000 and we didn't agree. Lawyer put in the eeoc charges and the respondent offered $20,000 and my attorney said this is a non starter since he valued the case at minimum $50,000 if settled. Then they stopped responding to my attorney and we gave a final demand of $26,000 to settle they came back and lowered it back to $10,000 and I said no. This means he got nowhere with them from day one. I dropped the charges and spoke to the CEO and we agreed to a severance so both parties could move on with their life. But thanks again Vince I will draft a letter and send it to him and then if need be file a grievance with my local bar association.
@jaybingham3711 I agree, I think he thought maybe I was not educated to know that a contract is legally binding and he ended the contract not me which makes it his loss and anything that happens after the contract is ended he is not entitled to.
I believe you would have to prove that he actually withdrew from your case and ask the judge if the withdraw was without lien there for he cannot collect and how would he know unless either you told him or defense council did you would I believe have to show that the settlement negotiations didn’t start till after he withdrew because you technically allowed him into your business with hopes of a better outcome which he did not accomplish and failed you but he did submit paperwork for you I would just offer to the percentage of the amount he wanted you to settle for3300 of 10,000 filing fees included in the 3300
The attorney had the retainer money. There always has to be deadlines. The attorney has to set and meet those deadlines. We have the Law Society of Upper Canada (Ont). Those bodies automatically have to investigate these complaints. This is also an ethics and competency issue. Waiting isn't always the right answer. Sometimes but not always.
EEOC has offered me early mediation. If I get an attorney for this 3.5 hour mediation, do they really take 1/3. I can see if they go to trial but because the work would be minimal would the percentage be much less say 10% instead of 30%. Of course I would like to pay an hourly amount plus an incentive amount in order to have the attorney work hard for me, but I doubt that I would get 30% more on an open shut case that I am sure to get a settlement amount on.....
If the respondent agrees to mediation and you are good at speaking and know how to speak with good editique, I would do it on your own. Just keep in my no attorney means lower amount for settlement. They will see it the same way because when you have an attorney they pretty know your paying a out 33% so that influences their amount but with no attorney on your side I would keep that in my when they through numbers at you.
@@JobAttorney any chance you would take 10% plus an hourly fee for the mediation?? Its a retaliation, and discrimination, job offer rescinded after for no reason after I already quit my job and did all preliminiary requirements for job, I was a past employee for many years with no issues other than past eeoc claims and left there due to a workmans comp injury 4 years prior....
Hi Vince, great video as always. I have another question for you it would be great if you can answer - either a video 😀or in this comment section is fine. I am about ready to pull my hair out. I have a whistleblower retaliation case with OSHA, currently in early/ADR mediation. The employer has made an offer, and the mediator is aware of this offer, but neither my lawyer or myself are aware of the offer yet. Since my lawyer is the Designated Representative, the only way for us to learn this offer is to set up a meeting. Given my lawyer's buys schedule, this may be weeks away. My question is - is it normal/common to have to wait multiple weeks to SIMPLY hear what the employer's offer is? It feels ridiculous that we have to set up a 15 minute meeting weeks away from now - MERELY to be given the offer from the employer? I know the justice system is normally very long and stressful, but even so it still seems crazy to me that it takes weeks to simply be made aware of this offer? Moreso because this is only the employer's first initial offer, and I really doubt the employer's first offer in this process will be enough for me to accept. I could be wrong but I really doubt this 1st/initial offer in early mediation is going to be the golden settlement value for me. From my POV, it feels like my case is on pause and I have to wait weeks and weeks to hear an offer that my lawyer and I are going to reject anyway. Would you say this is a normal or unusual experience? I'm so stressed out and its so hard to just "sit still" on this. This meeting has not even been set up yet. I really feel like barraging and micromanaging the lawyer's secretary to set this up (my lawyer does not want me talking or emailing directly to OSHA without him present for some reason), but I am a bit worried that if I become this "Karen" micromanager to the lawyer and his secretary that my lawyer might fire me as a client. TLDR: In mediation (or at any point during an employment legal process) is it normal to have to wait weeks and weeks simply to have a 15 minute meeting to find out what the employer's offer is to me?
Another great video from one of my favorite attorney’s influencer…. Which leads me to this next question. What happens after you are given 90 days to file and your attorney miss the filing deadline all because he/she was waiting for a response for demand letter. Can the client hold the attorney liable for the deadline. Isn’t it true if you don’t file within that 90 day period your potential case is gone forever?
I was a passenger in a car accident I never heard back from the law firm. No on else would help because I told them I had spoke to someone. I know the driving was paid out cuz she had a rental and I also saw a check she was care provider didn't return to work
At most, I would think that this attorney might be entitled 2 payment for his actual billable hours applied toward the case. Which I would guess is probably 2 hours, which you will pad in the five or 10, and come to an amount at or less than the 3000.😂
I would think that would be true, except he made no clause in the contract for this. Also, he and the organization who recommend he take my case was all gun hoe in the beginning, saying they would take it to the media and what not and then after two letters to the opposing counsel they called his bluff and he stepped away when I asked him to take it to the media. At this point he considered my case at an empasse and dropped it because I was willing to take to trial and go to media but he chickened out and then he said he knows some good attorneys who will want the case and then when I asked about them I had to ask four times to get an answer and then he said they told him to come to them later but that right now they didn't want it. So in the end I think this lawyer was full of himself and not fourth coming with his intentions 100% he just wanted an easy pay day.
Can you do an analysis / breakdown of the recent Starbucks discrimination case, in which the regional manager, who is white, sued because she had been fired? I think the award was $25.6m. I am always curious about white plaintiffs who allege racial discrimination and win. Granted the Starbucks case is a fairly obvious illustration of discrimination, but I sometimes think white plaintiff cases are frivolous e.g., claims of "reverse discrimination." On that note, if not the recent Starbucks case, how about analysis/breakdown of other cases involving white plaintiffs. Please and thank you.
Great video calling out the "shifty" attorney and loved the "delightful" guest at 0:21-0:23.
6:32 Pretty kitty cat riled up and meowing in the background. Please tell her that her meowing opinion matters.
I had this exact situation happen to me too. I had a non-payment for work claim (non-employee contractor) for approximately 10k and had a fixed payment + contingency arrangement with my attorney. My attorney sent a demand letter and filed the case but the defense did not respond to either. Subsequently my attorney simply ghosted me. Eventually I called up the company and negotiated my own settlement. Subsequently I filed a complaint against the attorney with the state bar. Unbeknownst to me he was accepting a large volume of cases and attempting to flip all of them; if flipping failed he would just stop responding and try to get new cases to flip. To their credit the bar investigated and suspended his license for 2 years.
Just to clarify I recieved the payment via payroll immediately as a severance because I dropped the case with the eeoc. This was done through me and the CEO/CFO no attorneys. Was paid as wages and taxed at the normal 22%. I do see that my state does have a fee dispute process with the bar association. However, they require that I speak to the attorney before proceeding and if we cannot agree then I would file a grievance with the bar association. This lawyer really did nothing because before he even put in the eeoc charges the employer offered $10,000 and we didn't agree. Lawyer put in the eeoc charges and the respondent offered $20,000 and my attorney said this is a non starter since he valued the case at minimum $50,000 if settled. Then they stopped responding to my attorney and we gave a final demand of $26,000 to settle they came back and lowered it back to $10,000 and I said no. This means he got nowhere with them from day one. I dropped the charges and spoke to the CEO and we agreed to a severance so both parties could move on with their life. But thanks again Vince I will draft a letter and send it to him and then if need be file a grievance with my local bar association.
Was he going to shake you down if you hired a new attorney and reached a settlement? No? Exactly. Not a leg to stand on.
@jaybingham3711 I agree, I think he thought maybe I was not educated to know that a contract is legally binding and he ended the contract not me which makes it his loss and anything that happens after the contract is ended he is not entitled to.
I believe you would have to prove that he actually withdrew from your case and ask the judge if the withdraw was without lien there for he cannot collect and how would he know unless either you told him or defense council did you would I believe have to show that the settlement negotiations didn’t start till after he withdrew because you technically allowed him into your business with hopes of a better outcome which he did not accomplish and failed you but he did submit paperwork for you I would just offer to the percentage of the amount he wanted you to settle for3300 of 10,000 filing fees included in the 3300
I love these videos
The attorney had the retainer money. There always has to be deadlines. The attorney has to set and meet those deadlines. We have the Law Society of Upper Canada (Ont). Those bodies automatically have to investigate these complaints. This is also an ethics and competency issue. Waiting isn't always the right answer. Sometimes but not always.
It's sad that you can no longer trust the law
EEOC has offered me early mediation. If I get an attorney for this 3.5 hour mediation, do they really take 1/3. I can see if they go to trial but because the work would be minimal would the percentage be much less say 10% instead of 30%. Of course I would like to pay an hourly amount plus an incentive amount in order to have the attorney work hard for me, but I doubt that I would get 30% more on an open shut case that I am sure to get a settlement amount on.....
You can always try to negotiate with the attorney if you want.
If the respondent agrees to mediation and you are good at speaking and know how to speak with good editique, I would do it on your own. Just keep in my no attorney means lower amount for settlement. They will see it the same way because when you have an attorney they pretty know your paying a out 33% so that influences their amount but with no attorney on your side I would keep that in my when they through numbers at you.
@@JobAttorney any chance you would take 10% plus an hourly fee for the mediation?? Its a retaliation, and discrimination, job offer rescinded after for no reason after I already quit my job and did all preliminiary requirements for job, I was a past employee for many years with no issues other than past eeoc claims and left there due to a workmans comp injury 4 years prior....
@@DanielleEsposito-b7m Not a chance, good luck to you.
Hi Vince, great video as always. I have another question for you it would be great if you can answer - either a video 😀or in this comment section is fine. I am about ready to pull my hair out. I have a whistleblower retaliation case with OSHA, currently in early/ADR mediation. The employer has made an offer, and the mediator is aware of this offer, but neither my lawyer or myself are aware of the offer yet. Since my lawyer is the Designated Representative, the only way for us to learn this offer is to set up a meeting. Given my lawyer's buys schedule, this may be weeks away.
My question is - is it normal/common to have to wait multiple weeks to SIMPLY hear what the employer's offer is? It feels ridiculous that we have to set up a 15 minute meeting weeks away from now - MERELY to be given the offer from the employer?
I know the justice system is normally very long and stressful, but even so it still seems crazy to me that it takes weeks to simply be made aware of this offer? Moreso because this is only the employer's first initial offer, and I really doubt the employer's first offer in this process will be enough for me to accept. I could be wrong but I really doubt this 1st/initial offer in early mediation is going to be the golden settlement value for me.
From my POV, it feels like my case is on pause and I have to wait weeks and weeks to hear an offer that my lawyer and I are going to reject anyway.
Would you say this is a normal or unusual experience? I'm so stressed out and its so hard to just "sit still" on this. This meeting has not even been set up yet. I really feel like barraging and micromanaging the lawyer's secretary to set this up (my lawyer does not want me talking or emailing directly to OSHA without him present for some reason), but I am a bit worried that if I become this "Karen" micromanager to the lawyer and his secretary that my lawyer might fire me as a client.
TLDR: In mediation (or at any point during an employment legal process) is it normal to have to wait weeks and weeks simply to have a 15 minute meeting to find out what the employer's offer is to me?
Another great video from one of my favorite attorney’s influencer…. Which leads me to this next question. What happens after you are given 90 days to file and your attorney miss the filing deadline all because he/she was waiting for a response for demand letter. Can the client hold the attorney liable for the deadline. Isn’t it true if you don’t file within that 90 day period your potential case is gone forever?
If filing with eeoc most jurisdictions is like 180 days from last instance of discrimination.
Don’t worry - I always take your comments within a 4 drink context.
I was a passenger in a car accident I never heard back from the law firm. No on else would help because I told them I had spoke to someone. I know the driving was paid out cuz she had a rental and I also saw a check she was care provider didn't return to work
Did you sign a retainer with that law firm? I would contact them right away.
Always evaluate an attorney's facial hair before hiring him or her.
Employment law is performative, our appearance and grooming matter. How human beings respond to us matters.
At most, I would think that this attorney might be entitled 2 payment for his actual billable hours applied toward the case. Which I would guess is probably 2 hours, which you will pad in the five or 10, and come to an amount at or less than the 3000.😂
Sounds about right to me
I would think that would be true, except he made no clause in the contract for this. Also, he and the organization who recommend he take my case was all gun hoe in the beginning, saying they would take it to the media and what not and then after two letters to the opposing counsel they called his bluff and he stepped away when I asked him to take it to the media. At this point he considered my case at an empasse and dropped it because I was willing to take to trial and go to media but he chickened out and then he said he knows some good attorneys who will want the case and then when I asked about them I had to ask four times to get an answer and then he said they told him to come to them later but that right now they didn't want it. So in the end I think this lawyer was full of himself and not fourth coming with his intentions 100% he just wanted an easy pay day.
I spoke with an attorney who wants to take my case but charges a mixed fee and charges it upfront is this good?
It could be! As long as the deal meets your needs and you get the representation you want.
Thank you!
Can you do an analysis / breakdown of the recent Starbucks discrimination case, in which the regional manager, who is white, sued because she had been fired? I think the award was $25.6m. I am always curious about white plaintiffs who allege racial discrimination and win. Granted the Starbucks case is a fairly obvious illustration of discrimination, but I sometimes think white plaintiff cases are frivolous e.g., claims of "reverse discrimination." On that note, if not the recent Starbucks case, how about analysis/breakdown of other cases involving white plaintiffs. Please and thank you.
Still no answer? Very telling.
Yes, your question is valid.
Sorry they do fraud n liar. Sorry