Legal Question in Employment Law in California

settlement without attorney

I am going to file suit against former employer for wrongful termination, racial harassment/discrimination, and retaliation for firing me 20 mins after turning in written complaint stating facts of the harassment /discrimination i was subjected to(the owner read and signed the complaint and returned to me as asked).I have an attorney who is going to rep. me on contingency.The company has offered to pay me off without using my attoney. Can I or should i do this ?


Asked on 12/10/06, 10:15 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: settlement without attorney

Depending on whether the attorney did any work for you and you signed a retainer agreement, the attorney might already have a financial interest in a settlement. Additionally, you know that the company will low-ball you if you don't have the attorney looking out for your interests. That's the risk you will take. From what you say, you might have an excellent case for retaliation that likely could be worth a lot more than the peanuts the company will probably toss to you. Should you trust a company that already kicked you to the curb? Good luck!

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Answered on 12/15/06, 10:51 pm
Tom Martin Law Office of Thomas Glenn Martin

Re: settlement without attorney

Can you settle without your attorney? Yes. Should you do this? Probably not. Your employer wants to settle around your attorney for a reason - your attorney is motivated to get you the best possible result. Without a lawyer's assistance, you may not understand/appreciate the full value of your rights.

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Answered on 12/18/06, 8:50 pm


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