Legal Question in Workers Comp in New Jersey


I am suing my former employer for failing to pay overtime, wrongful termination and harassment. I belief we have a strong case since I have hard evidence that proof that my allegation are true.(recordings, emails, text messages)

My lawyer told me that the other party requested a settlement amount. I provided my lawyer with the a number that included following considerations: amount owed on overtime (based on the time sheets I submitted ), back wages for the time being unemployed (minus unemployment), damages, and loss of benefits.

I am questioning the integrity of my lawyer. My lawyer sends me random cases which none of them are similar to what my case offers or is about or the lawyer tells me how tough the law against employees gets (whistle blower), and how much she thinks about the entire field ... and switching entirely ... she keeps trying to lower my settlement amount by telling me: "what do I mean by damages, emotional distress is not generally apart of a settlement agreement" ... is that even true?

My case also includes harassment since I was not provided with a work schedule not allowed to take my online exams, not allowed to take of for my wedding ... I mean I lost a lot of money by being treated that badly..

When I ask her if she is not comfortable pursuing this case and feels she wants to give it up .. she switches to no what strong case this is and she really beliefs in it... The whole thing makes me think something is fishy... What would you do in my situation? Is that true that damages such as emotional ... are not part of a settlement? I also reviewed my case online and it said no jury requested ... does that mean the judge ruled no jury because as I remember I did request a jury so why would the case status say that?

Thank you ahead!

Asked on 8/05/13, 12:33 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

It is very difficult for a lawyer to get a quick snapshot of a rather involved case and give any sort of meaningful opinion. I suggest you hire a lawyer to review your case and give you a second opinion. It will mean some money out of pocket, but it could really impact how you handle the case moving forward.

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Answered on 8/05/13, 12:45 pm

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