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melissamesq
melissamesq, Attorney
Category: California Employment Law
Satisfied Customers: 157
Experience:  Represent clients to maximum recovery in employment cases.
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MOST RECENTLY I WENT TO ATTRIBUTION THE LAWYER REPRESENTED

Customer Question

MOST RECENTLY I WENT TO ATTRIBUTION THE LAWYER REPRESENTED ME SOLD ME OUT . i GAVE THAT LAWYER A RIGHT TO SUE LETTER FROM THE EEOC .THE EEOC HAD INVESTIGATED AND FOUND OUT THAT AN INDIVIDUAL IN HUMAN RESOURCE HAD DISCRIMINATED AGAINST MY AGE,MY DISABILITY .THE LAWYER MADE SUCH REMARKS THAT HE WAS GOING AFTER THIS COMPANY .I GAVE HIM DOCTORS REPORT THAT WAS BENEFICIAL TO THE CASE ,I GAVE THE RIGHT TO SUE LETTER HE ASKED ,AND HE JUST SIT ON IT UNTIL EXPIRE.I GOT ANOTHER RIGHT TO SUE LETTER FROM THE EEOC ,BECAUSE THEY MADE AN ERROR AND ON THE DATE 'WAS TOLD BY THIS LAWYER THAT HE DIDN'T NEED THE SECOND RIGHT TO SUE LETTER ,SO HE LET THAT ONE EXPIRE THIS LAWYER WENT AND GOT ARIGHT TO SUE LETTER FROM FAIR HOUSING WHO KNOW NOTING ABOUT MY CASE. HE NEVER USED ANY EVIDENCE ARE LETTERS FROM DOCTORS ,ARE FROM EEOC TO MAKE MY CASE.HE NEVER SUBMITTED A LETTER FROM THE DOCTOR THAT WAS USED TO EXAMINE ME THAT THE COMPANY HAD ME TO GO TOO TO RETURN TO WORK ,BECAUSE HE GAVE ME A GOOD CLEAN BILL OF HEALTH LETTER STATING THAT I CAN GO BACK TO WORK WITHOUT ANT RESTRICTIONS.i HAVE TWO BOXES OF EVIDENCE THAT I ASKED HIM TO RETURN ,BY HIM NOT DOING HIS JOB THE COMPANY ATTORNEY MADE THIS CASE INTO A CHEAP CASE ,AND THE COMPANY CAME OUT SMELLING LIKE A ROSE BECAUSE OF BAD LAWYERING AND THE POSSIBILITY OF SELLING ME OUT,OH YES THE PERSON THAT DID ALL THE DAMAGES TO ME WAS WELL PROTECTED.I AM UP UNDER THIS PRIVACY GAG ORDER BUT I AM SO HURT BY A CROOK Y LAWYER AND WHAT WAS DID TO ME MAKES ME WONDER IF THERE ARE ANY HONEST PEOPLE THAT ARE LAWYERS CAN REPRESENT A CLIENT WITHOUT BEING BOUGHT OFF. THANK YOU FOR ALLOWING ME TO EXPLAIN MY CASE. THERE IS MORE BUT CAN'T GO ANY FURTHER .
Submitted: 1 year ago.
Category: California Employment Law
Expert:  melissamesq replied 1 year ago.

Welcome! I am here to educate and help you. Please positively rate my answers, including follow ups, so that I may get credit for my work. Thank you!

 

Hello and thank you for contacting JA. My name is XXXXX XXXXX I am a practicing CA employment law attorney. My goal here is to provide legal information and insight into your question. I understand from your situation that you are very upset and distressed by what you perceive as the mishandling of your disability discrimination case by your attorney. You filed with the EEOC, but the attorney decided to pursue your claim under CA statutory law known as the Fair Employment and Housing Act. While I do not know the specific facts of your case and disability, CA law pursuant to FEHA, can often be more generous to employees, because it provides a wider scope of protection and definition for disability discrimination. It appears that you were bound by an arbitration agreement, and the arbitrator found in favor of the employer. If the arbitration provision between you and your employer subjected your claim to binding arbitration, unfortunately you will not be able to appeal the arbitrator's decision.

However, I understand and appreciate how disappointed you are in the result of your case. You asked about finding an attorney who can appeal your case, but that is not the appropriate legal recourse for you now unless your arbitration was non-binding, which is unlikely. What you would consider doing, if you reasonably believe that your attorney was professionally negligent in representing your interests, is to file a complaint with the State Bar of CA and make a claim against the attorney for professional [legal] negligence. As with any profession, there are mostly competent skilled professionals and only a handful of 'bad eggs' who give everyone else a bad name. Perhaps your lawyer made an error in judgment; that can happen. The botXXXXX XXXXXne is that if you are correct and your attorney breached his duty to competently represent your interests, you may be able to sue him for negligence and recover against the attorney's professional liability insurance.

I sure hope this helps give you some clarity and guidance on this situation. I am very sorry that things did not work out favorably in arbitration, but you do have legal recourse against your attorney if you can prove that he negligently represented you, and you were damaged as a result. My goal is to help my customers, so if you have a follow up, please click reply to expert and I will respond. I sincerely XXXXX XXXXX the best in 2012 and beyond.

I only ask that you kindly rate me positively, otherwise I will not receive any credit for my work. Thank you and take care.

melissamesq

melissamesq, Attorney
Satisfied Customers: 157
Experience: Represent clients to maximum recovery in employment cases.
melissamesq and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I wish I had someone honest attorney such as you to represent me in this give away case that this attorney give to the company ,and the person in human resources goes without punish .the attorney never mention the letter that the doctor had wrote up for me to return to work,whom was selected by the Company choice ,but they used an letter by an doctor that this long term disability agent call matrix sent me to. I had five doctors letter stating that I can return to full duty ,not once did he argue my case .everything was already prepare they just was taking me through the motion .decision was already made up letters were already written up i didn't have a chance with this clown .i am still bitter at how the law works for the law if you are a laymen ,and if the law wont's to be playful in making good sound judgement for the innocent then someone are a priest need to rewrite the law so it can better serve the public.a crooked law is not a law but a motion of high drama in this case it play for the one who knows the law but carry loaded dice in this hearing.

Expert:  melissamesq replied 1 year ago.

Hello again. Thank you very much for the positive rating, as I truly appreciate that.

I am very sorry that you had such an awful experience and I understand how it feels to be discriminated against, then have your case mishandled. The thing is that the JA site forbids experts from directly contacting, emailing, marketing, and/or referring any specific attorney to any JA customer outside of the Q & A online format. We are bound by site policies and terms of service, but I can still give you helpful information about where to find an honest attorney. Like we discussed above, if you can prove that your attorney negligently represented you, and that the unfavorable arbitration decision was the actual and foreseeable result of that negligence, you can sue the attorney and recover your damages, which would be the value of your case outcome had the attorney not been negligent in his representation of you. The legal standard is that an attorney must represent his or her clients with the skill, care and competence ordinarily used by similarly situated attorneys in your locale. If your attorney breached this duty to you, his liability insurance can compensate you. You might consider contacting the State Bar of CA and asking for a referral to an attorney who handles professional negligence claims.

Best wishes to you and thank you again for positively rating each of my answers so that I may receive credit from the site! Take care.

melissamesq

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