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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My attorney is over billing, not by hundreds, but thousands

Resolved Question:

My attorney is over billing, not by hundreds, but thousands each month. I am "blowing the whistle" ... I am an older worker and am sure they will behead me. Nevertheless, this is the most corrupt environment I've experienced. What can I do?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

By "my attorney", do you mean your boss/supervisor? Are you suggesting that you are an employee of the law firm, and you fear that if you report the illegal actions that you will be retaliated against?

Customer: replied 4 years ago.
Apologies for the late reply. I am not so much worried about firing as I am about continuing my employment. The stress is getting to me my physician and counselor both want me to quit. My question is, if I do leave, would I have cause for an action against the firm?
Expert:  LawTalk replied 4 years ago.
Good morning,

Would you have a cause of action for what?

A stress claim would be covered under Workers' Compensation and would not lead to a civil cause of action.

There is no cause of action that arises out of an employer or a supervisor acting in an illegal or unethical manner. However, the clients who are being overcharged would have a viable lawsuit, and the overcharging could potentially be prosecuted under CA criminal laws.

If you are being directed to prepare, or to mail, the over billed invoices to the clients and you refuse to do so----if you are terminated because of such a refusal, and having already reported the violations to the Dept. heads, you might well then have a cause of action for Wrongful Termination under CA law that prohibits retaliation/discrimination against employees who report violations of the law---as such retaliation is against public policy.

Too, under the at circumstances you would likely qualify for unemployment insurance.

If things are so out of hand as you suggest, you might consider contacting the State Bar as well and file a formal complaint against the attorney doing this as well as against all the other attorneys who are allowing it to happen even after you reported the instances.

I wish you the best this holiday season.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

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