Why would an employment attorney want to settle a case before filing?

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Law Office of Vincent P. White

Law Office of Vincent P. White

Жыл бұрын

Note to questioner: Franco, I should also mention that it's always possible the attorney legitimately just feels they obtained a good deal for you and that filing would not advance the value of your claim. This certainly also happens sometimes.
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If you have a question about employment law, workplace discrimination or sexual harassment please do not hesitate to contact us. We will try to craft a video response for you, or where more appropriate we are happy to have a private conversation.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

Пікірлер: 52
@EdisonFlow510
@EdisonFlow510 18 күн бұрын
This was extremely useful. Your channel is a godsend🙏🏾
@BOVTAROT
@BOVTAROT Жыл бұрын
Greatly appreciate your content!
@HernMasterPain
@HernMasterPain Жыл бұрын
Up yours bud, late uploads are unacceptable.
@belinhell
@belinhell 4 ай бұрын
Yes Vince you are quite nefarious while helping us for free😃👍
@BroosDager
@BroosDager Жыл бұрын
Very interesting and helpful thanks, smashed the like and subbed.
@personalinjuryshow
@personalinjuryshow Жыл бұрын
Great content!
@clarencewhorely274
@clarencewhorely274 Жыл бұрын
Hey Vince... I'm still awaiting a Part 2 Video to "Why Employment Attorneys might turn down cases." Look, I get it to a degree but what bothers me most is attorneys leading clients. I just feel if an attorney is NOT interested in a case, don't waste anybody's time or lead them on. NO different than dating and relationships. You go out to T.G.I.Fridays on a date, you sit down and have a date with a young lady. By the end of the date, she knows if she's interested or if you repulse her. She also knows if you are not a bad guy but there's just no chemistry. The point is, just be straightforward and cut it off. Why the heck are you going to lead a person on. It's after a person is led to believe they actually have an opportunity then let down. This is when people become bitter. Last, if a person's Salary is not large one. If attorneys feel that a $30,000-$60,000 dollar Salary isn't worth their time, just be upfront and keep it moving. Don't lie to the client telling them their case is weak or you have 20 class action lawsuits in the works. If it was all that, you should have said that the moment you answered the phone. Anything else is uncivilized. 🤨
@annielin2894
@annielin2894 Жыл бұрын
@Clarencewhorely274 I had one attorney from New York Bar Association Michael F and he told me to wait and then wait then I send him my journal then he said to me last minute I will not take it no grounds. Wow then might as well let Vince take it.
@AnthonyManzio
@AnthonyManzio 10 ай бұрын
@@annielin2894 I'm from Canada. What is your advice? Same here being bullied, mobbed, gaslighting, harassed at the hospital for over 12 years. I've happened to be the top worker for 38 years and have never been suspended. These bullies are jealous and miserable people. Union, manager, HR and the police are all totally useless. Bullies are lazy bums and stupid managers are scared of the bullies. They say about me I'm crazy, I drink, I'm a stalker all bs defamation of character. The biggest mistake since they removed disciplinary measures. They should arrest the bullies and fire the manager. Action speaks louder than nasty words. It destroyed my reputation. I will never quit to make these lazy bums ever win. If I decide to transfer to another hospital and may start mobbing me once again, I don't know all the new managers etc. like in every department like now. So best to not change hospitals. I will never let bullies try to control me from quitting. Never let these low life lazy bums ever win.[
@mindovermatter2day
@mindovermatter2day Жыл бұрын
Might I add is that attorney was a few years out of college and into her legal career. I chose her because I knew she was young and maybe could use the experience.
@BuckQweet
@BuckQweet Күн бұрын
Is it best to stand firm with your proposal than making a new proposal especially if you know your proposal is fair? I believe the company wants to protect its reputation but they're offering me a low amount.
@antoniogiannini9049
@antoniogiannini9049 Жыл бұрын
Do the insurance companys often talk numbers with the company’s attorney and take his word for it if he says lets do a certain amount ? Specifically work comp
@Richkidking
@Richkidking Жыл бұрын
Is getting a right to sue letter a good thing ?
@Valentinathevamp
@Valentinathevamp Жыл бұрын
I am at a loss. I read, write, and comprehend well, but I am no attorney. I was wrongfully terminated from my government job at the 9 month mark because it was easier to terminate me than deal with the tax payer who called for 4 days straight, 3 to 5 times per day demanding my termination. I have two recordings (FOIA) from the police department where she called on one of her tenants but referenced that I lost my job even before I was actually terminated. In writing, Macon-Bibb County Governnment (in GA) said they would have an investigation but did not. Then they submitted highly flagrant and hyperbole, exaggerated violations to fight my unemployment claim ehich they won. I reside in Houston County, GA, where there is ONE employment law attorney who is 81 years of age and will NOT take my case because he said he does not want to deal with Macon-Bibb County Government nor the Supreme Court. I have done as much as I could but am at a stand still because the Court has asked me twice for a Definitive Statement. Also, the Court is saying that my claims are not statements.
@JobAttorney
@JobAttorney Жыл бұрын
Unfortunately, if there is no discrimination in play our firm cannot help you. This sounds like purely a question of State law, so you will need an employment attorney from your State. It sounds like it is time to expand your search for an attorney beyond Houston County. This video may help: kzbin.info/www/bejne/jqHKm4h-YpqWppo
@al5529
@al5529 9 ай бұрын
What if your still employed at the company and you had an EEOC case and they retaliated against you? I appreciate your honesty. I didn't know that mediation was about money. Nobody at company would help me and now I feel unsure. I'm hearing that once you bring eeoc. Ase employer wants you gone in exchange for money ...is that what u think also?
@zagato77904
@zagato77904 6 ай бұрын
Well yes. No employer wants you to work for them while you’re pursuing legal action against them.
@BuckQweet
@BuckQweet Күн бұрын
That depends. If you have the evidence that the company retaliated Against you for filing a claim you can file with EEOC again. Of course, the company is not going to help you. They are all about protecting the company, not the employees! I wouldn't even trust HR.
@chantelmorset7176
@chantelmorset7176 Жыл бұрын
How do you get a judge to rule on Adverse Inference. Can you win a employment discrimination case on Adverse Inference?
@shilohw.5838
@shilohw.5838 Жыл бұрын
Hi Mr. White. Do you have any insight as to reasons an employment lawyer would put a much lower value on a case than what the employer's lawyers did? Like if in negotiations the employer's lowest offer is what the complainant's lawyer says is what the case is worth, but the employer is clearly willing to pay much more. Sorry if that's a confusing example. It's interesting hearing from a lawyer's perspective regarding things like the EEOC and I thought the video on class actions brought up really interesting things I never considered.
@JobAttorney
@JobAttorney Жыл бұрын
I'll try to make you a video on this
@wulfbasser1
@wulfbasser1 Жыл бұрын
Weve been trying to call vince for 3 weeks! Im helping my neighbor with a case. All 3 of the basis of his claims were accepted. -Retaliation based on a protected event - discrimination of management - adverse actions All proven as the federal government agency hes going after wrote a letter saying they are not denying anything he brought forward. Can you help us?
@l.s8904
@l.s8904 Жыл бұрын
111 subscribers thank you universe Alaska
@heavyj9224
@heavyj9224 8 ай бұрын
I'm a driver I'm working for a company under 1099, they paying me on my LLC, they never pay me the miles I drove for and they grabbed some day for, and they never pay me the date they said every week, if I don't call them to say I don't see the money on my account,I'm gonna get pay , I would like to know if I can sue? I'll appreciate your answer
@aliciavillarreal3101
@aliciavillarreal3101 Жыл бұрын
Here us what the eeoc told me , Your case has been sent to our Enforcement department. The case was in the status of being eligible for mediation. As a result of an unsuccessful mediation attempt, your case was sent to Enforcement to further the investigation. Please be aware that this process may take a while. An interview appointment will be made for the Charging Party (you) and an Investigator, in an effort to move forward with this investigation. An Investigator will contact you on the scheduled day and time. ,My attorney said we'll wait for the 6month mark for right to sue , what does it mean and what can i expect
@roldyczarmoaes6226
@roldyczarmoaes6226 Жыл бұрын
If no offer was mentioned during mediation discussions with no numbers to come out with a agreement can the mediator recommend a amount for settlement offer for both side to accept
@JobAttorney
@JobAttorney Жыл бұрын
Yes
@kimberleykirk8047
@kimberleykirk8047 6 ай бұрын
I have an EEOC case filed & its gone into the investigation unit now because the former employer has refused to mediate in my discrimination case. If I were to get an EEOC lawyer, what to consult with , what are you thoughts?
@JobAttorney
@JobAttorney 6 ай бұрын
I always recommend representation for the EEOC. I suggest scheduling 3 to 5 free consultations with local employment attorneys.
@momyour69
@momyour69 Жыл бұрын
Great vid Mr W
@kristcanya7039
@kristcanya7039 Жыл бұрын
QUESTION: I amputated my finger, was on workman’s comp for 3 months, went back to work for 2 months and got laid off due to “lack of work” but 10 days later the company was posted the job I was laid off of…Could this be considered Retaliation Discrimination??? Help please… I’m in NC
@JobAttorney
@JobAttorney Жыл бұрын
Could be that you were targeted for filing for workers' compensation, have you called and let your comp attorney know you were terminated so soon after your case? I am very sorry to hear about your finger.
@Antstrumentals
@Antstrumentals Жыл бұрын
How long does a eeoc investigation typically last ?
@BuckQweet
@BuckQweet Күн бұрын
From my experience the investigation lasted a month to 2 months.
@Antstrumentals
@Antstrumentals 12 сағат бұрын
@@BuckQweet yea ok
@realcoolamanda
@realcoolamanda Жыл бұрын
Vince are you hiring? In need a job…I also was thinking about passing the Bar. Maybe you can help me with that.
@JobAttorney
@JobAttorney Жыл бұрын
If you attend law school and pass the bar, I would definitely try to provide you a first year associate position to get you started in this field. We need more women in this field, desperately.
@realcoolamanda
@realcoolamanda Жыл бұрын
@@JobAttorney that sounds like a great idea but my husband won’t allow me to go and get anymore higher education smh
@enekneya7378
@enekneya7378 Жыл бұрын
Good information! Is it standard that EEOC would move forward with an investigation after an employer declines mediation in their Position Statement?.
@JobAttorney
@JobAttorney Жыл бұрын
Yes, that would be a common occurrence
@enekneya7378
@enekneya7378 Жыл бұрын
@@JobAttorney Are you able to have an attorney while EEOC is conducting their investigation?
@JobAttorney
@JobAttorney Жыл бұрын
@@enekneya7378 Yes, I recommend having an attorney before you even file in an ideal world.
@realcoolamanda
@realcoolamanda Жыл бұрын
@@JobAttorney good to know now………..
@vegas9440
@vegas9440 Жыл бұрын
So it’s “illegal” for a attorney to say” take it or I’ll drop you
@JobAttorney
@JobAttorney Жыл бұрын
Under the ethical rules of any jurisdiction I am allowed to speak to yes, with exceptions. If the Defendants are offering 100 cents on the dollar of what the damages are, or if the plaintiff accepted a settlement and then tried to back out, etc. But barring situations like that it's going to be improper and unethical for an attorney to take your claim and then tell you to take small money on it or s/he will drop you in most jurisdictions.
@tdixon97
@tdixon97 Ай бұрын
What about ADA violation ???? I don’t hear you talking about disability act and employers violate this and worker compensation harassment and retaliation and hostile work environment???
@JobAttorney
@JobAttorney Ай бұрын
You're in lucky, there's an entire playlist of videos about ADA cases on this channel. Close to 100 videos on the channel about disability accommodation in total I believe. Always pays to look first if you want to hear us talking about a given employment law topic.
@Richkidking
@Richkidking Жыл бұрын
Is getting a right to sue letter a good thing ?
@JobAttorney
@JobAttorney Жыл бұрын
Neither good nor bad, it just means you can go on to file in Federal Court if you want and gives you 90 days to do so.
@Richkidking
@Richkidking Жыл бұрын
@@JobAttorney most company’s would more than likely want to settle before before going to federal courts ? Your opinion?
@JobAttorney
@JobAttorney Жыл бұрын
@@Richkidking Settlement rate in Federal Court is high, but it all depends on what you're asking for. If you're reasonable, they will probably settle.
Why would any plaintiff ever settle their case?
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