How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33801
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My husband is suing his ex wife for wrongful termination, breach

Resolved Question:

My husband is suing his ex wife for wrongful termination, breach of fidicuay duties, and her father for detriment. My husband owns 49% share of the compay, she owns 51% and her father is only the corporate secretary and on the board of directors. In 2008, my husband discovered that his ex wife was spending company money for her personal use. My husband hired an attorney. Then she began to look for reasons to terminate him, so she could show that she fired him for cause and aquire his share's thru arbitration, and her father took liberty in changing the by-laws by re-writing them and excluding my husband out of them, making him no longer an officer of the corporation. My husband had a confrontation with an employee, and she fired him because she claims he was mis-treating the employees, AND at the same time locked him out of his business so he would no longer have access to any more records. Our lawyer files a law-suit, and aquired a "write", so we have all her spending documented. She has come up with other employees that are claiming they were also mistreated by him (not true) and now she is also blaming my husband for a fine the received from the epa, and he was already gone. They are stating that if he would of done his job, this would of not happened. They already had the pre-trial with the judge and attorneys last week. Then out of no where, her attorney called and asked if we wanted to drop the wrongful termination in exchange for $50,000.00! We are suing her for $1.5 mil ! Why would they turn around and offer us such a low ball amount, when they very well know that the number is $1.5? Trial is next week, and im wondering, are they trying to make this go away because they know they very well might loose?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

I see you've been asking this question repeatedly, and without success. The answer is actually quite simple:

  • Under Code Civ. Proc. 998(c)(1), "If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the defendant."

Thus, the answer is that the defendant is attempting to set you up for additional costs in the event that you do not win at least $50,000 at judgment.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 3 years ago.

Can you explain it to me with a little more clarity? Im sorry, i don't know if it's me, or im in disbelif this is happening... Thanks.

Expert:  socrateaser replied 3 years ago.
Your husband's ex wife/employer (i.e., the defendant) thinks that you won't get more than $50,000 -- and perhaps nothing at all.

Based upon that risk analysis, the defendant is making an offer of $50K. If your husband loses or get's less than $50K, then he will not be able to collect against defendant for filing fees, ordinary witness fees, jury fees, and he may have to pay the defendant's expert witness fees [$$$], but not attorney's fees, unless provided for by a written employment contract.

Considering the amount of money at stake, it's not a big deal in the scheme of things. But, if the defendant's attorney did make the offer, he/she could be liable for malpractice to the defendant.

On the other hand, your husband could simply take the $50K now and the case would end. Most of the money would probably go to your husband's lawyer. But, if your husband thinks the case is dicey, then he may want to throw in the towell now, before it's too late. A $50,000 bird in the hand, may be better than a $1.5 million bird in the bush.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 3 years ago.
Risk analysis? Where or what is that?
Expert:  socrateaser replied 3 years ago.
"Risk Analysis" is the process of measuring the probability of success/failure against the expected value of the return. For the typical legal action, it's just an educated guess of the likelihood of winning or losing the lawsuit.

Insurance companies and casinos, however, spend millions of dollars estimating risk, so that on average, they are mostly correct in their estimates.

The botXXXXX XXXXXne is that your opponent thinks that the best you can do at trial is $50,000 -- thus the offer of settlement. You'll find out soon enough who is right and who is wrong.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33801
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
I already accepted your answer. I just wanted to thank you for your patience, and clarity. You have been a big help.
Expert:  socrateaser replied 3 years ago.
I can understand your anxiety re the situation. It's a lot of dough. I hope it turns out well for you. Best wishes.
Customer: replied 3 years ago.
I already accepted your answer, i already received a confirmation that i accepted it. Please double check. Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.