The evidence game: A means to finding additional ways to prove your case
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- เผยแพร่เมื่อ 26 ส.ค. 2024
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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
We spoke on the phone. You offered me help just because of whar happened to me. This guy is 1000000% genuine. We need more like you vince
Hello Vince, thank you so much for this channel. I've been binging your content and find it extremely helpful. Please continue doing this for as long as feasibly possible because there are so many people who are mistreated at work and in the dark about their rights and what they can do to protect themselves and hold companies accountable.
I'd love to be one of the first to participate in this new series. But before I tell you my de-identified story, I have a more time-sensitive situation I'd love to get your perspective on, if possible. Please allow me to preface by saying I have seen most, if not all, of your content on case valuation and damages calculations... and then some. However, I am looking for perspective on a specific settlement/ damages- related situation:
Let's say plaintiff lives in one of many areas without many employee-side employment law firms and searched online, via their network, and through their state Bar Association for representation. Unfortunately, none of the very few firms that came up or were offered by the bar association were able to take their case-- due to conflict, no capacity, or employer-side only and not due to the strengths/ weaknesses of the case. Eventually, plaintiff engaged with a local independent practitioner, but did know or have the knowledge from you about how to interview potential counsel or review retainer agreements. Plaintiff has pushed counsel for even a wide range estimate of case valuation, but has not received any numbers despite providing documents and has had to guesstimate on their own using resources found online. Well after filing, in the discovery phase of the (non-EEOC) lawsuit, plaintiff finds out that the firm has not in fact completed a damages calculation and then explains to plaintiff how to calculate one and requests plaintiff to do so (wtf? didn't think this was my job). Additionally, counsel finally gives an estimate of what a "decent" settlement offer might look like and that amount is far below what plaintiff roughly calculates for backpay alone-- let's say 5 figures vs 6 figures, for example. Plaintiff then asks about the trial option and discovers that their agreement means they must foot the cost of the trial and learns that includes depositions, which apparently can really add up. Plaintiff begins to think their counsel isn't really committed to getting justice and the maximum value for their case and possibly wants to flip it or set plaintiff up to accept a lowball offer. Attempts to express concern led counsel to become defensive and offer to hand off to new counsel, which is not an option financially. For additional context: the level of evidence is fairly strong as the plaintiff communicated most things in writing, there is a retaliation claim, and there is ample documentation of emotional distress and the unfolding of the events from the plaintiff's perspective thanks to the aforementioned proclivity for documentation... also the defendant is a multi-billion dollar corporation, likely insured, and leans litigious (e.g. they tend to threaten enforcing non-competes, which are contingent to employment).
Is this normal? Is this plaintiff totally screwed? With how costly trial will be and without the financial backing to switch to a national firm for trial, is plaintiff relegated to quietly accepting a (potentially) 5h!t settlement offer? Can plaintiff's efforts to essentially become a self-taught paralegal possibly, even if only slightly, maybe offset the lack of top-notch counsel? Do you have any suggestions for how plaintiff could best handle this situation?
I really hope you have the capacity to respond to this, but I understand how busy you are and acknowledge this situation might be too complex to answer here. Regardless, thank you for your time and please don't stop making content!
-RM
This channel is amazing ❤❤❤!
Thanks mr white your information is priceless
Mr. Vince
I’ve listen to your videos. I am a survivor from a sexual assault and sexual harassment/ hostile work environment and discrimination to say the least amount other things.
The famous " he said she said " 😮😮😮❤❤❤. Give them final Justice Vince ! ( I.e. a generous settlement.)
Bartender, I too was one when I was very young at a private Japanese Piano bar for wealthy bankers... I do hear a lot of things ....
Love this idea. Can’t wait!
Great content. Highly appreciated 👍👍👍
Hi Vincent - Thank you for all the great knowledge you share with your subscribers. You are more helpful than you can even imagine.
Vince I'm your new firm bouncer !
Wish I could come up with something to be a hypothetical, but I've got nothing!
I always watch your channel, and I must admit it has made me more knowledgeable. I had mediation three weeks ago, but we couldn't reach a deal. A few days later, the defense called the mediator and requested to submit a mediator's offer, which he did. Both parties accepted it, and the court was notified by the mediator. However, the defense has not yet submitted the settlement agreement. They have, however, sent an NDA. I have two questions:
1. Can I back out of that settlement? I haven't signed anything yet, and I feel that it's not a good settlement for me. I would only receive 37% of my actual back pay.
2. The defense has a habit of offering settlements via rule 68. If I refuse this offer and they offer it again (either the same amount or higher) through rule 68, would I have the option to include specific language about how I would like to receive payment (such as certain 1099 vs W2)?
I appreciate your input on this matter. Thank you! Ps: please don’t mention my name. Thank you again.
Great information, thanks!😊
Vincent! A model employee of 20 years in California has been harassed and threatened because they refuse to join the union. The company wants them to pay past due amount and sign a document or else the company will fire them. What should they do?
If there are mutilple retaliation violations are they each with or used as 1 activating punitive damages individually covered
Hey Vince, no need for a video on this, an answer would suffice. I'm waiting for the official copy of my drug test to arrive for my eeoc case that you already covered a while back. With the rest of my evidence (direct mesages from the employer) showing how my drug tests caused the job to be withdrawn, if my results dont arrive by the 19th (my first meeting) should I be concerned that the EEOC will say that I need that documentation prior to the charge being filed?
I've been informed verbally that my test is good, but now that I'm getting closer and I don't have the results in hand I'm getting a little paranoid.
Vince, can you please give more details about quiet casing? My lawyer doesn’t appear to know it’s possible.
And thank you 😊
I was the Uber driver, it was definitely food poisoning.
Can you help me I have a strong case believe I have a case number with the EEOC I’m in Illinois I also have emails text and over 5+ witnesses that can speak on me being assaulted and a member of a protected class
In a legal malpractice is it a civil issue or is it a legal malpractice issue?? How can a person go about finding a honest trust worthy and who will fight for justice
Thanks for the video. Can you as a pro se plaintiff start requesting discovery on your own, or, do you have to wait until a pretrial conference happends?
How do you know when discovery starts? Thanks
I’m almost think I have to go that way myself. Cause when the EEOC issues the right to sue and you go to look for a lawyer. They see there is no reason but you have evidence they still don’t want help
"Attorneys are garbage humans" that's the stereotype in America, look at politicians. I don't think I've found many people that like lawyers other than me
I have been railroaded
I don’t have a lawyer, everyone is “too busy, my case has a lot going on” so I’m going to mediation alone. Should I go in with an opening statement? Some negotiators seem to frown upon this. Also do I share all evidence, or piece by piece??😮
Hi Vince, is it possible to force the employer to re-activate the terminsted employees' email account to retrieve emails for evidence?
Most corporate email accounts are controlled by the company. Upon termination the email data still exists, they just restrict YOUR access. So yes, all of your work emails are available to them to use as their evidence, not yours.
@@djbmw1 But can that email account be reactivated under a request during discovery, so that those emails can become the employees evidence?
@@MyOtherChannel-zy3tf its their property, not yours... unless you saved copies during your employment. They wont share information with you that weakens their case
@@djbmw1 unless under a court order. And you can possibly, during discovery, request certain email communications.
@@MyOtherChannel-zy3tf technically, yes. However, the likelihood that your employer will provide you full/complete/unaltered email records is very low... and without your own copy you have nothing to compare it to, other than your memory.
Guy sounds like he had no game w/ women. Everyone knows you don't use power nor money to get women 😂.
Lol drunk vince. So funny most ppl i know r known for disgusting greasy food choices from sheetz 4 me wawa 711 to each their own. This isnt me but majority of ppl i know when they get a buzz or drunk. Lol
Mr. White, is your last name named after your hair?