I have a question but it has a back story. I worked for a company for 8/4 years 12 all together. Company named changed in year 8. On June 8th I went in for surgery and out on TEMP disability the company was told earliest I would be back could be 4-6 weeks, 23 work days later (July 11, i was told July 13th would be my terminations date) I was terminated. Told that the boss couldn't wait for my return and that my insurance would end at the end of the month. My insurance was needed for my physical therapy. They sent me a 3 week check supposedly as severance, no note or anything and one of those weeks was actually a vacation I didn't take yet that year. I hired an attorney she asked what my demand was I said 150K. I am 63 years old and needed that to get me to full retirement age. Everybody tells me how illegal it was for the company to do that to me and I had a great case. Everyone says that except my attorney who all she is doing is negotiating a payout she started at 125K is down to 88K and the other side is up to 55K. I want to go to court. The company I worked for is changing their story and saying it was my job performance which is a lie. I worked 12 years with raises and bonuses, they told me not to worry about my job when I went in for surgery. They had a temp the 1st week I was out and then 9 weeks later hired someone when I could have been back. I am on unemployment now but that is only good till march when I will be 64 with 2 years and 2 months till full retirement. I have applied for 19 jobs so far with no luck. Do you think I should go to court. I don't see employment law listed.
1 Answer from Attorneys
A trial is always risky. Most plaintiff's (roughly 80% in NY/NJ) do not prevail in employment discrimination court cases. The first step is to have a frank discuss with your current attorney on your desires. The next step -if you are still unsatisfied- is to shop for a new attorney or at the very least, quietly have them take a look at your case and whether you have a good chance of prevailing at trial.