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ITT - What is the settlement value of my case?
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Date: September 19th, 2018 9:57 PM Author: Aphrodisiac parlour 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. |
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Date: September 19th, 2018 10:00 PM Author: bright pistol lay 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) |
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Date: September 19th, 2018 10:03 PM Author: Aphrodisiac parlour 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) |
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Date: September 19th, 2018 10:06 PM Author: bright pistol lay 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) |
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Date: September 19th, 2018 10:16 PM Author: disgusting hunting ground 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) |
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Date: September 20th, 2018 4:30 PM Author: offensive nubile milk state not necessarily. but you can certainly get past a demurrer (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850203) |
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Date: September 20th, 2018 10:16 PM Author: coiffed native 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) |
Date: September 19th, 2018 10:04 PM Author: disgusting hunting ground 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) |
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Date: September 19th, 2018 10:08 PM Author: Aphrodisiac parlour Lol what??? This is a 75k+ case Pre-suit (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845120) |
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Date: September 19th, 2018 10:10 PM Author: disgusting hunting ground 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) |
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Date: September 19th, 2018 10:09 PM Author: bright pistol lay 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) |
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Date: September 19th, 2018 10:11 PM Author: disgusting hunting ground 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) |
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Date: September 19th, 2018 10:12 PM Author: bright pistol lay 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) |
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Date: September 19th, 2018 10:15 PM Author: disgusting hunting ground 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) |
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Date: September 19th, 2018 10:22 PM Author: Aphrodisiac parlour 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) |
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Date: September 19th, 2018 10:41 PM Author: Aphrodisiac parlour (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36845518) |
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Date: September 20th, 2018 9:43 AM Author: Aphrodisiac parlour (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36847475) |
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Date: September 20th, 2018 2:40 PM Author: Aphrodisiac parlour (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36849493) |
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Date: September 20th, 2018 4:08 PM Author: Aphrodisiac parlour (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850070) |
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Date: September 20th, 2018 4:11 PM Author: Rusted Stirring School $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 |
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Date: September 20th, 2018 4:31 PM Author: offensive nubile milk state this is completely nuts. (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850208) |
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Date: September 20th, 2018 7:29 PM Author: Rusted Stirring School its spelled "california." (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851178) |
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Date: September 20th, 2018 7:37 PM Author: Aphrodisiac parlour back this up pls, i was going to demand 150k (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851229) |
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Date: September 20th, 2018 8:27 PM Author: Rusted Stirring School 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. |
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Date: September 20th, 2018 10:13 PM Author: offensive nubile milk state 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) |
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Date: September 20th, 2018 10:18 PM Author: Brindle voyeur home (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852363) |
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Date: September 20th, 2018 10:11 PM Author: offensive nubile milk state Believe me I know. your numbers are still way off (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36852306) |
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Date: September 20th, 2018 7:20 PM Author: Aphrodisiac parlour lol wut????? (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851101) |
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Date: September 20th, 2018 4:31 PM Author: Jet-lagged legal warrant a thousand million dollars (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36850211) |
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Date: September 20th, 2018 7:20 PM Author: Aphrodisiac parlour 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) |
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Date: September 20th, 2018 8:29 PM Author: ruddy bateful mad cow disease ratface i would hit up TT (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851547) |
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Date: September 20th, 2018 10:11 PM Author: offensive nubile milk state 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) |
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Date: September 20th, 2018 7:33 PM Author: brass domesticated stage goal in life 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) |
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Date: September 20th, 2018 7:38 PM Author: Brindle voyeur home Zero. Don't take it. (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851238) |
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Date: September 20th, 2018 7:42 PM Author: Brindle voyeur home 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) |
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Date: September 20th, 2018 7:46 PM Author: Aphrodisiac parlour he'll come back on a visitor visa (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36851298) |
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Date: September 21st, 2018 7:29 PM Author: Aphrodisiac parlour (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36859780) |
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Date: September 21st, 2018 7:36 PM Author: confused haunted graveyard 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. |
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Date: September 21st, 2018 7:39 PM Author: Aphrodisiac parlour got it. but pre-suit, this is def worth 50-100k right?
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Date: September 21st, 2018 9:27 PM Author: offensive nubile milk state 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. |
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Date: September 21st, 2018 9:38 PM Author: walnut bawdyhouse 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) |
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Date: September 25th, 2018 11:56 AM Author: razzmatazz crackhouse reading party (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884573) |
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Date: September 25th, 2018 11:54 AM Author: Aphrodisiac parlour 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) |
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Date: September 25th, 2018 12:40 PM Author: offensive nubile milk state is your “client” you? (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884919) |
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Date: September 25th, 2018 12:52 PM Author: Aphrodisiac parlour 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. |
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Date: September 25th, 2018 12:42 PM Author: kink-friendly godawful station sneaky criminal How strong is your warband? (http://www.autoadmit.com/thread.php?thread_id=4081850&forum_id=2#36884930) |