Guest CAM Cindy Posted January 21, 2003 Posted January 21, 2003 I have had a discrimation suit going with my employeer for over 5 years now. I have been out of work on LTD for the hostile work enviornment I was exposed to and have been in continually therapy for the unlawful actions I was expected to take against employees as a manager, I am 54 years old. I recently went in for an ENE (Early Neutral Evulation) with my attorney, an attorney for my employeer and the lawyer at a firm that was handling the ENE. My attorney broach the possiblity of my receiving my retirement now with a small settlement. I stated it did not want their money just my retirement. Before I knew what was happening the opposing attorney was offering me LTD Benefits if I would agree never to work for the company again. I felt like I was the only one in the room sane and I am the one in therapy taking medications. I came right out and told him I already have that benefit now and why would I sign away my rights under the ADA Act (American with Disabilities)? Well in all of this mess the mediator called my attorney into anothe room and made him and offer from my employeer of attorney fee's of $15,000.00 to settle the matter today. My attorney came back into the room and told me this offer of LTD benefits *(LOL) and he would get his fee's. I refused to settle and now we go to court. My question is? Was this offer to my attorney legal, since we had not even settled my case or were even close?
mbozek Posted January 23, 2003 Posted January 23, 2003 Your attorney is required to convey any settlement offer that he receives to the client. The client has the right to reject any settlement offer and proceed to trial. Trial is a lottery. You have chosen to roll the dice. The company may have made the offer to you because it does not think that you will prevail at trial including your ADA claim. Have you discussed the likelihood of your prevailing at trial on your claims with your attorney? mjb
Guest CAM Cindy Posted January 23, 2003 Posted January 23, 2003 Yes I did proach the subject with him. And he admitted he was not familiar with the ADA quidelines and did not realize she would be signing away her rights. Also that she was already receiving the benefits that they were offering with the 2 step offer. As it is my wife can not lose per her attorneys or doctors. If she doesn't get the retirement, she is still eligible for the LTD and SSDI due ot her being classified mental disabled. Her benefits under LTD and SSD cannot be touch.
mbozek Posted January 24, 2003 Posted January 24, 2003 I think you have to discuss the chances for success with your attorney -cant lose is a prelude for disaster. If your wife's case was so overwhelming in her favor the employer would have made a better settlement offer rather than go to trial. This not a forum to second guess attorneys who you have selected to represent you. mjb
Guest CAM Cindy Posted January 24, 2003 Posted January 24, 2003 I think this is what scares me for her. They offered her nothing she already has. And wanted her to sign away her right to ever work for the company again. And than attorneys tell her that offers are made right up until the time you walk in the court door. She does have 5 former co-workers and staff to testify in her behalf. My concern was the ENE mediator did not even want to hear about this or the log she keep for the last 2 years. Seems the whole thing was set up in the insurance companies favor Thanks for your response...my biggest concern is the stress on her....
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