Would my company be likely to settle in this case?

felix

hi i was terminated from my job back in august,2011 2 months after i was terminated a regional director for the company call me and offer me a job back i was a bakery manager and this guy offer me an entry level job of 25000.00 less that what i was making they fired me because suposly i did not follow a bread pollycy .that was overwrite by a supervisor that under investigation later on he denied to give me permision to do so i have 4 witnesses that wrote statements .and the company refuse to look at the statements i have a disable child that before i was fired exactly one month i recuest intermidite leave absence to care for him he has cerebral palsy,seizures etc and now i am unemployed i file complaints with the eeoc and still on inves plus i retain an attorney a demaND LETTER WAS SENT to the employer no response they said they will investigate well they said they did not do anithing wrong that it was me so my attorney ask why are you offering a job back to my client if he is so wrong so they said they shouldnt fired me but in stead demote me now they send a letter to the attorney saying they are not interested in settle my attorney is waiting for eeoc to finish investigation to proceed with law suit any second opinions please feel free

Esther S

It is not a horrible question, just a stupid one.

"Arguable" cases should not be brought. Only meritorious cases should be brought.

Likely settlement offer: $0.

Likely sanctions against you for bringing a frivolous case: Substantial.

NOTE: Thanks, readers, for your "thumbs up." It appears you are wise enough to discern that my comments are not ignorant, and are only negative because a "no" answer is required.

Don't you hate people who ask a question looking for a positive answer and then freak out when someone tells them an inconvenient truth? Really, they should go soak their heads in vinegar.

Sorry that I am old, honey, but you are low class. I'll take old any day.

Michael H

Yeah, I gotta go with Esther and Laughter both.

Your failure to provide any details aside from 'they would most likely win' tells me that the chances of them offering a settlement is nil.

If you, as a layperson already think they will win, how do you think their attorney perceives it? If he perceives the chances of winning in the courtroom as strong, why in the world would they settle? To save money? Not hardly, that to aa large degree is a fallacy. Settling out of court in order to trim legal fees in the long run ADDS legal fees, you set a precedent, and I can assure you that others will follow.

ann

Without facts your question can not be answered. But, I can tell you that there are many lawyers whom you can consult with for free who will assess the validity of your claims to have an arguable case.

Now if you can convince one or any of these lawyers to take your case on a contingency basis, meaning they get paid only if they win, then you really probably have a good case. Most contingency lawyers are gambling that they will win the case since they don't get paid otherwise.

Therefore if an intelligent lawyer is willing to risk his time and income for you then the case is good. But there is another hurdle, even tho you do not pay the lawyer, you must pay all the cost of the litigation, court fees, service, deposition, discovery fees, all depending on the case can add up to thousands of dollars. And finally all cases takes time, 2 to 5 years on employment cases is not abnormal.

There you have it. Hope you understand what you need to do to get the true answer to your query. And, yes I am an attorney!

laughter_every_day

Settlements are based on the likely result of a trial and the likely damages to be awarded in case of a verdict for the plaintiff. In addition, folks consider the likelihood of prevailing without a trial, by dismissal of a poorly drafted complaint or by summary judgment. As your question gives no indication of any of those, no reasonable response is possible.

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