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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1395
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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To Amber E. A Follow-up question: Prior to any lawsuit being

Customer Question

To Amber E. A Follow-up question: Prior to any lawsuit being served the person (P) makes an appointment with the company's representative at his home to be paid a sum of money that he agrees is 100% of his overtime pay.
The parties meet and P says he has a lawyer he wants to consult before he accepts the check. Later he says he called his lawyer and told him what happened. He then says he was assured by his lawyer that he would get him more than the 100% of overtime due.
Based on those assurances, he refuses to take the check.
P is then sent a certified letter with the check enclosed offering him once more the entire amount due him. Again he ignores the offer and refuses to cash the check.
Meanwhile no lawsuit has been served on the employer.
In these circumstances and in the event the lawyer files a lawsuit for P in Federal Court in the hope of obtaining punitive damages or legal fees etc., or basically of doing what Rule 11 of Federal Civil Procedure respecting frivolous lawsuits calls ' a misuse of the judicial process for economic harassment' can:
1. The employer defendant seek and likely obtain all costs and damages from both the lawyer and his client?
2. Is a Bar complaint likely to result on sanctions or worse?
3. Can the employee's refusal to accept payment of money earned impact his current eligibility for food stamps and welfare and would that acceptance be deemed fraud?
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
I will alert Amber that your question awaits her. She will see it when she next checks her email.

Thanks for your patience.
Expert:  Amber E. replied 1 year ago.
Hello again,

1. The employer defendant seek and likely obtain all costs and damages from both the lawyer and his client?

Yes, when a court finds that a suit is frivolous, both the lawyer and the client can be sanctioned and cast with fees and costs that the prevailing plaintiff incurred in defending himself against the suit.

2. Is a Bar complaint likely to result on sanctions or worse?

Rarely does a bar complaint occur, unless the attorney's actions were particularly egregious (e.g. involving drug or alcohol abuse, intentional misrepresentations of fact to the court that prejudice the other party or their own client). Also, while all lawyers (including judges) are charged with reporting other lawyers when they engage in professional and ethical misconduct, that doesn't always happen.

3. Can the employee's refusal to accept payment of money earned impact his current eligibility for food stamps and welfare and would that acceptance be deemed fraud?

No, because a party is not obligated to settle a claim.

Amber E., Attorney
Category: Legal
Satisfied Customers: 1395
Experience: Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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