I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.
We passed summary judgment, where Amex tried to push the problem on Qing alone, even though Amex knew about it in Feb 2006 and violated their Code of Conduct by not reporting it to their managers, and by covering it up in a memo to the Secretary of the Corporation about whom I spoke with a 2nd investigation in Dec2005.
I'm also wondering what is Amex's reason for low-balling me, instead of giving a fair amount back 4 years ago, or a higher amount now. I think punitive damages should be included in the settlement estimate, but one of my two lawyers says "no".
I saw on TV a fictional case on "The Good Wife" where the lawyer gets the difference between what the big firm offers and what the plaintiff accepts. Thus, the law firm is probably pushing for a lower settlement to get the difference to themselves.
I say the Punitive Issues and Bad Faith: Amex's in house legal counsel, a VP and lawyer, investigated and told me in Feb 2006: "All Qing said to FJ was 'I don't think XXXXX XXXXXndner can work here.' which I wrote him an email that night saying that this was proof of the breach of contract, which forbade Qing from giving "any information" and required him to send them to Human Resources. The VP/lawyer wrote back that day saying he disagrees with my characterization of my conversation with him, and refuses to memorialize it. However, under oath in Jan2009, the VP/Lawyer admitted that the handwritten paper had Quote marks around the phone conversation he had with Qing in Feb2006 that said:
So, the VP/lawyer in the General Counsel's Office knew that Qing breached the June2000 Amex-Lindner contract, which was to settle and EEOC sexual harassment suit, and thus violated the Title VII of the Civil Rights Law of 1964 on retaliation, and the lawyer ignored the Amex Code of Conduct (filed with the SEC as per SOX - Sarbanes-Oxley), and the Amex Whistleblower Code, both of which required him to report that violation to his manager and try to fix the situation.
When I pointed it out to my current lawyer, he said it's irrelevant that they conspired against me. I say it's relevant to punitive damages. He did not even want to call that lawyer, nor Qing's boss of 15 years (Amex's Banking President Ash Gupta) on the stand, saying it would be a waste of his (the lawyer's) time and that he did not know what Ash would answer in terms of what he knew and when he knew it.
Well, my attorney put in notice to quit after we reached an out-of-court settlement of an undisclosed amount.
As for "in retaliation for exercising a right granted by a statute", the original suit was filed under Title VII and for my complaint of Qing sexually harrassing me. And that the USDJ (District Judge) summarized my case as 3 points:
Thus the VP/Lawyer knew it was a Title VII case, and it was jointly against Qing & Amex.
In the Anucha Browne Sanders v MSG case, Isiah Thomas wrote in his brief that Ms. Sanders did not deserve punitive damages, since they only apply when the firm exhibits willful indifference to the law. (some such phrase).
Isn't this wilfull indifference by the VP/lawyer?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).