California Employment Law
California Employment Law Questions Answered by Legal Experts
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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.
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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.
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.
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