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ITT - What is the settlement value of my case?

Employment case in CA My client was hired two months ago,...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/19/18
Seems like a good case so long as the so-called "bogus ...
Translucent karate blood rage
  09/19/18
Yes I think so as well. Any kind of reporting of harassment ...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/19/18
Depends on the JX, but usually the report needs to constitut...
Translucent karate blood rage
  09/19/18
yeah without race or maybe national origin in your case, no ...
shivering house
  09/19/18
not necessarily. but you can certainly get past a demurrer
zippy crystalline goal in life
  09/20/18
If I were on the jury with those set of facts I would think ...
sienna locus really tough guy
  09/20/18
eeoc intake form make it racial obviously. after you get a r...
shivering house
  09/19/18
Lol what??? This is a 75k+ case Pre-suit
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/19/18
no it's not. they'll papertrail his ass withbackdated negati...
shivering house
  09/19/18
Depending on the state, he can skip the EEOC bullshit altoge...
Translucent karate blood rage
  09/19/18
hmm. most states have commissions similar to eeoc though. se...
shivering house
  09/19/18
I'm aware of at least a few states in which a future plainti...
Translucent karate blood rage
  09/19/18
cool i will never do plaintiff employment work in fl. except...
shivering house
  09/19/18
Yea in CA, I can skip EEOC. called getting a right to sue le...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/19/18
...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/19/18
...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
$800k-1.2mm with statutory one-way attorney fees, maybe more...
misunderstood hairy legs old irish cottage
  09/20/18
this is completely nuts.
zippy crystalline goal in life
  09/20/18
its spelled "california."
misunderstood hairy legs old irish cottage
  09/20/18
back this up pls, i was going to demand 150k
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
labor code claims have statutory one-way attorney fees. i'm...
misunderstood hairy legs old irish cottage
  09/20/18
dude I've settled cases for $20K where the "first deman...
zippy crystalline goal in life
  09/20/18
...
Chest-beating codepig
  09/20/18
Believe me I know. your numbers are still way off
zippy crystalline goal in life
  09/20/18
lol wut?????
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
a thousand million dollars
Plum Roast Beef Gay Wizard
  09/20/18
Any honest opinions on settlement value? I'm not an employm...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
i would hit up TT
Flushed Beady-eyed Garrison Sneaky Criminal
  09/20/18
TT undersells all his cases to get them done without having ...
zippy crystalline goal in life
  09/20/18
You and your client are morally reprehensible scam artists a...
opaque trump supporter chapel
  09/20/18
Zero. Don't take it.
Chest-beating codepig
  09/20/18
How's be supposed to testify at trial when he isn't even all...
Chest-beating codepig
  09/20/18
he'll come back on a visitor visa
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/20/18
...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/21/18
what kind of harassment claims was he making? I do noth...
Self-centered Heady Newt
  09/21/18
got it. but pre-suit, this is def worth 50-100k right?
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/21/18
depends completely on the company and the defense attorney. ...
zippy crystalline goal in life
  09/21/18
You should settle for his airfare back. He has to go back.
sable personal credit line pit
  09/21/18
...
stirring gaped ticket booth
  09/25/18
How strong is my client's harassment/retaliation claim when ...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/25/18
is your “client” you?
zippy crystalline goal in life
  09/25/18
lol no i think at least 50k, right? the best argument we...
Mildly autistic embarrassed to the bone cuckold liquid oxygen
  09/25/18
How strong is your warband?
Galvanic adulterous stag film
  09/25/18


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Reply Favorite

Date: September 19th, 2018 9:57 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

Employment case in CA

My client was hired two months ago, and the company sponsored his visa to come to the states to work. In the immigration form, company stated that it expected him to work there until July 2022 (3 years). My client was making 100k salary.

One month ago, my client started complaining of harassment (not necessarily racial, but he is a minority) to his superiors. Did this one other time. On the third verbal complaint to his superior, my client asked for a written complaint form. The complaint form was sent to him via email that day. Also that far, within 3 hours, he was fired from the company. Company gave bogus reason that my client was helping a co worker on a competitor product . Wasn’t true at all and company did no investigation before summarily terming him just hours after he asked to make a written complaint about harassment.

Now due to this Situation, my client has to leave the US altogether. He is also losing out on income (keep in mind he is at-will but company put in writing that it expected him to be with it for 3 years). I’m making unlawful termination, retaliation, and racial discrimination claims.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845028)



Reply Favorite

Date: September 19th, 2018 10:00 PM
Author: Translucent karate blood rage

Seems like a good case so long as the so-called "bogus reason" for P's termination is, in fact, bogus.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845065)



Reply Favorite

Date: September 19th, 2018 10:03 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

Yes I think so as well. Any kind of reporting of harassment qualifies for the retaliation claim right? Doesn’t have to be racially charged right?

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845079)



Reply Favorite

Date: September 19th, 2018 10:06 PM
Author: Translucent karate blood rage

Depends on the JX, but usually the report needs to constitute "protected activity," which encompasses complaints of race discrimination, age discrimination, sexual harassment, etc.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845106)



Reply Favorite

Date: September 19th, 2018 10:16 PM
Author: shivering house

yeah without race or maybe national origin in your case, no cause of action.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845213)



Reply Favorite

Date: September 20th, 2018 4:30 PM
Author: zippy crystalline goal in life

not necessarily. but you can certainly get past a demurrer

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850203)



Reply Favorite

Date: September 20th, 2018 10:16 PM
Author: sienna locus really tough guy

If I were on the jury with those set of facts I would think 500k-1 million demand is reasonable. If that was all true exactly how you described with no good rebuttal facts, I would probably award 300-500K.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852346)



Reply Favorite

Date: September 19th, 2018 10:04 PM
Author: shivering house

eeoc intake form make it racial obviously. after you get a rts letter from district office maybe you can settle $3k presuit and $6k after complaint filed and initial discovery sent out.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845088)



Reply Favorite

Date: September 19th, 2018 10:08 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

Lol what??? This is a 75k+ case Pre-suit

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845120)



Reply Favorite

Date: September 19th, 2018 10:10 PM
Author: shivering house

no it's not. they'll papertrail his ass withbackdated negative reviews. nobody cares about immigrants.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845133)



Reply Favorite

Date: September 19th, 2018 10:09 PM
Author: Translucent karate blood rage

Depending on the state, he can skip the EEOC bullshit altogether and just sue in state court. Stipulate to less than $75K in damages and the defendant is stuck litigating in some state court hellhole that will refuse to grant the defendant-employer summary judgment, meaning the company will ultimately settle for 30 to 6OK if the case is worked right.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845130)



Reply Favorite

Date: September 19th, 2018 10:11 PM
Author: shivering house

hmm. most states have commissions similar to eeoc though. seems like you can't sue for workplace disc without those huge notice reqs to let employers build a defense.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845145)



Reply Favorite

Date: September 19th, 2018 10:12 PM
Author: Translucent karate blood rage

I'm aware of at least a few states in which a future plaintiff does not need to go through the EEOc administrative process bullshit before filing in state court.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845165)



Reply Favorite

Date: September 19th, 2018 10:15 PM
Author: shivering house

cool i will never do plaintiff employment work in fl. except flsa cases because those are easy shakedowns.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845208)



Reply Favorite

Date: September 19th, 2018 10:22 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

Yea in CA, I can skip EEOC. called getting a right to sue letter. Plus in Cali, these causes of action give rise to atty fees, costs, etc

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845310)



Reply Favorite

Date: September 19th, 2018 10:41 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845518)



Reply Favorite

Date: September 20th, 2018 9:43 AM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36847475)



Reply Favorite

Date: September 20th, 2018 2:40 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36849493)



Reply Favorite

Date: September 20th, 2018 4:08 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850070)



Reply Favorite

Date: September 20th, 2018 4:11 PM
Author: misunderstood hairy legs old irish cottage

$800k-1.2mm with statutory one-way attorney fees, maybe more

edit: oops, that should be a verdict value. i would put a settlement demand at $800 or so and take $500-600k

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850087)



Reply Favorite

Date: September 20th, 2018 4:31 PM
Author: zippy crystalline goal in life

this is completely nuts.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850208)



Reply Favorite

Date: September 20th, 2018 7:29 PM
Author: misunderstood hairy legs old irish cottage

its spelled "california."

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851178)



Reply Favorite

Date: September 20th, 2018 7:37 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

back this up pls, i was going to demand 150k

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851229)



Reply Favorite

Date: September 20th, 2018 8:27 PM
Author: misunderstood hairy legs old irish cottage

labor code claims have statutory one-way attorney fees. i'm not 100% sure if those extend to wrongful term/discrim/etc claims bc i'm not an employment law masterman, but i'm also confident you can find some technical wage claim in his documents to add them if that's the case, plus statutory penalties on those. if you can't get a half million lodestar out of a jury trial you're not trying hard enough. throw that on the $300k for 3 years of wages lost plus any other damages you can think up and you have $800k. plus interest, costs, etc. you're gonna need some experts, depos, blah blah blah. $35-60k in costs easy.

i referred out a similar retaliation case to a seasoned employment attorney but with less guarantee of future wages (although plaintiffbro wasn't a foreigner) and his first demand was $700k. it's california, brother. the sky's the limit. read through the DJ's verdicts and settlements page if you need more ammo - there are regularly seven-figure retaliation/discrim/WT claims in there.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851538)



Reply Favorite

Date: September 20th, 2018 10:13 PM
Author: zippy crystalline goal in life

dude I've settled cases for $20K where the "first demand" was over half a mill. "first demand" doesn't mean shit

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852320)



Reply Favorite

Date: September 20th, 2018 10:18 PM
Author: Chest-beating codepig



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852363)



Reply Favorite

Date: September 20th, 2018 10:11 PM
Author: zippy crystalline goal in life

Believe me I know. your numbers are still way off

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852306)



Reply Favorite

Date: September 20th, 2018 7:20 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

lol wut?????

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851101)



Reply Favorite

Date: September 20th, 2018 4:31 PM
Author: Plum Roast Beef Gay Wizard

a thousand million dollars

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850211)



Reply Favorite

Date: September 20th, 2018 7:20 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

Any honest opinions on settlement value? I'm not an employment law masterman, and dont want to undersell the case when entering settlement negotiations.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851109)



Reply Favorite

Date: September 20th, 2018 8:29 PM
Author: Flushed Beady-eyed Garrison Sneaky Criminal

i would hit up TT

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851547)



Reply Favorite

Date: September 20th, 2018 10:11 PM
Author: zippy crystalline goal in life

TT undersells all his cases to get them done without having to do any work.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852302)



Reply Favorite

Date: September 20th, 2018 7:33 PM
Author: opaque trump supporter chapel

You and your client are morally reprehensible scam artists and should be gassed.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851203)



Reply Favorite

Date: September 20th, 2018 7:38 PM
Author: Chest-beating codepig

Zero. Don't take it.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851238)



Reply Favorite

Date: September 20th, 2018 7:42 PM
Author: Chest-beating codepig

How's be supposed to testify at trial when he isn't even allowed in the US?

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851274)



Reply Favorite

Date: September 20th, 2018 7:46 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

he'll come back on a visitor visa

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851298)



Reply Favorite

Date: September 21st, 2018 7:29 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36859780)



Reply Favorite

Date: September 21st, 2018 7:36 PM
Author: Self-centered Heady Newt

what kind of harassment claims was he making?

I do nothing in this area of law. but I imagine a jury would not be sympathetic if your client was a snowflake about petty BS.

caveat again I only do crim.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36859802)



Reply Favorite

Date: September 21st, 2018 7:39 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

got it. but pre-suit, this is def worth 50-100k right?



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36859820)



Reply Favorite

Date: September 21st, 2018 9:27 PM
Author: zippy crystalline goal in life

depends completely on the company and the defense attorney. Your presuit offer might well be "fuck off."

as a defense lawyer I would blow off the 3 year comment as puffery, but your guy had a good salary though. the tricky part is whether your guy really engaged in protected conduct. if he was truly just bitching about how he didn't like working there, or that people were generically mean, you might not have a valid cause of action. like I said though it would be very easy to get that past a demurrer at least.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36860287)



Reply Favorite

Date: September 21st, 2018 9:38 PM
Author: sable personal credit line pit

You should settle for his airfare back. He has to go back.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36860350)



Reply Favorite

Date: September 25th, 2018 11:56 AM
Author: stirring gaped ticket booth



(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884573)



Reply Favorite

Date: September 25th, 2018 11:54 AM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

How strong is my client's harassment/retaliation claim when the complained-of action was a co-worker calling him a fraud, accusing him of showing up late to work, etc., rather than any direct racially-charged slurs, comments, etc.?

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884543)



Reply Favorite

Date: September 25th, 2018 12:40 PM
Author: zippy crystalline goal in life

is your “client” you?

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884919)



Reply Favorite

Date: September 25th, 2018 12:52 PM
Author: Mildly autistic embarrassed to the bone cuckold liquid oxygen

lol no

i think at least 50k, right? the best argument we have is of circumstantial racial discrimination and harassment....i.e., he is black and the only one who was harassed in his company by the harasser.

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36885011)



Reply Favorite

Date: September 25th, 2018 12:42 PM
Author: Galvanic adulterous stag film

How strong is your warband?

(http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884930)