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 Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7017
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Do I have alternatives with civil matters against former employees

Resolved Question:

Do I have alternatives with civil matters against former employees who lied about me during the workers comp investigation. The defamation to my character, reputation, and creditability has affected my employability. If I file a civil case against each (10) total. What can I expect their reaction.

Do I need to send them a letter to stop and decease letter first?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about what you are going through.

There is no requirement in the state of California to file a cease and desist letter against a private party before initiating a lawsuit for defamation against them.

While you certainly can sue if any false statement of fact was made about you that caused you to incur damage, defamation suits under these circumstances can be very difficult to win. This is because you will need to prove not only that they made the statements you are claiming, but that the statements are actually false. The inevitable result is that you will be forced to present evidence disproving the allegations (the burden here falls on you), and this can become highly intrusive into your personal affairs.

In terms of the reactions of the people you sue, I'm sure they won't be happy. They may hire defense attorneys who can propound discovery (demand you to produce information), take your deposition, and file motions to dismiss your case.

To be entirely candid, the sort of lawsuit you describe is winable with the right facts, but would be a substantial undertaking. This is not to say "dont proceed," but rather that if you are going to do so, you do so with realistic expectations of what you are getting yourself into.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7017
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


yes, I filed a workers comp case against my employer for two major reasons. Injuries sustained for work outside my position description and for abusive behavior.


 


I had a deposition.


 


From the depo, my attorney referred to me three other attorneys, but kept my workers comp case?


 


Is this normal? I was refered to attorneys for defamation, employment law, and criminal allegations.


 


I had a AME ruling. Some injuries require further referrals to specialist for ruling, but current ones are industrial related.


 


What does that mean?


 


When I ask my attorney, she is good at sending me letters for the referrals. But when I request to meet or talk with her she is very short with me.


 


This is not personal. I just want to know if this is normal.


 


I had an interactive accomodations meeting, this week, she sent me a certified letter telling me she will not be there. She only hands the workers comp.


 


I am confuse. Please advise


 


Will the recommendation from the AME help me now with my case? I am not getting worker compensation, mileage, or gas to attend my appointments.

Expert:  Patrick, Esq. replied 1 year ago.
Maria,

Thank you very much for your positive rating of my service.

"From the depo, my attorney referred to me three other attorneys, but kept my workers comp case? Is this normal? I was refered to attorneys for defamation, employment law, and criminal allegations."

Yes, this is normal. Most attorneys specialize in either one or two subsets of the law and so it is very common for an attorney to handle one matter for you, such as workers comp, but refer you to other attorneys for other matters.

"I had a AME ruling. Some injuries require further referrals to specialist for ruling, but current ones are industrial related. What does that mean?"

As I just noted above, attorneys tend to specialize in one or two areas of the law. Workers comp is unique in a number of ways, and I am afraid I do not have adequate expertise in this area to comment on this particular concern of yours. You would have much better luck re-posting this as a separate question in the Personal Injury category here on Just Answer to get an answer to this question. Since you are a subscription customer, there is absolutely no additional charge for this.

"When I ask my attorney, she is good at sending me letters for the referrals. But when I request to meet or talk with her she is very short with me. This is not personal. I just want to know if this is normal."

I would not say this is normal. Your attorney should not make you feel like you cannot contact her with questions. If she does not have the time to spend on your case, you are free to hire a different attorney--it's all a matter of what you are comfortable with. As long as your requests to speak to her about your case are reasonable, she should have no problem talking to you to address your concerns.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. I would be very grateful if you would again provide a positive rating for my service, as this will not result in any additional charge to your account as a subscription customer but will allow me to receive credit for assisting you.

Kindest regards XXXXX XXXXX wishes moving forward.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7017
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help 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.