I would like to find out if the settlement agreement offered
Hi, I would like to find out if the settlement agreement offered to me by verizon is truly beneficial to me. Let me present my case. In 2014 we canceled our services with verizon and returned all equipment (we have a receipt). In 2015 verizon sold our account to collection agency claiming that we didn't return one of the boxes, prior to that they never send us any bill, statement, letter, notice, anything. So in 2015 we received first letter from collection agency, we disputed it, provided proof of returning all equipment, we were never bother by the same collection agency, only to be bother by another, and so on until 6 month ago. We finally had enough and sued verizon in small claims court for that very "unreturned equipment". Their legal department contacted us wanting to settle and here an interesting part starts. First, they were investigating the case claiming that they found out that the balance we owe is for 1 unreturned box that we apparently had since the beginning of our service which is 2011 up until we canceled in 2014. When we told them that we called verizon costumer service asking if it's even possible to have a box that was never activated, representative told us NO. So then they claimed we jave outstanding balance of 155.03, again we never received anu bill from them. Then they claimed that the reason we probably didn't receive any paper bill is because the very month we canceled the service, we aparently signed up for ebill! Moving on, because of this collection account is on our credit report we were denied mortgahe pre-approval and so we told them that, how much damage was done etc. We sued for $2000. In our talks with verizon about settlement we wanted them to remove that delinquent collection report from our credit report. They said it will never happen because the only time verizon would do that is when they are at fault, but in this case they are not, because we have outstanding balance of 155.03 and that is the reason they sold it to collection agency, not the unreturned equipment which is 600 something dollars. After long talks, they started to proceed with their offers:1. They wanted to credit our account with the amount that is under collection which is $768.71 and pay us $500 for damages, we denied2. Then, They wanted a prof that we were denied mortgage pre-approval in order to offer us removing account from credit report, we emailed them proof, after which they said that unfortunately they cannot remove it from credit report, but they can remove it from collections and pay us $1000, we denied3. We threatened that after we win this case, we will simply sie them for the damage to our credit report and request they remove the delinquent report from our credit report. The very same thay they drafted a settlement when they claim they will remove our account from collections, credit our account of the whole amount which is $768.71 and they WILL remove the delinquent report from our credit report, and not pay us anything, which sound good for us, all we teally want is to have it removed from credit report, we don't need any money, but after reading the settlement it looks good to us, however we want to know if there isn't any hidden tricks that could harm us.Below is the settlement:On behalf of Verizon Pennsylvania LLC and Verizon Online LLC (“Verizon”) sued herein as “Verizon Communications, we hereby amicably resolve your returned Verizon equipment matter, (the “Dispute”). This Settlement Agreement sets forth the terms and conditions of the settlement and resolution of the Dispute. The signatories to this Agreement are referred to jointly as the “Parties.” In consideration of the mutual promises set forth in this Settlement Agreement, Verizon has agreed to issue a credit to your account in the amount of $768.71. Additionally, Verizon will remove your account from collections and remove the delinquent report related to your Verizon FiOS account from your credit report. You understand and agree that this Settlement Agreement constitutes the settlement and compromise of doubtful and disputed claims, including but not limited to any billing disputes, claims, demands, and actions incurred by or on behalf of Defendants prior to August 24, 2016. Any payment or act given in exchange for this Settlement Agreement is not to be construed as an admission of liability on the part of any party to this Settlement Agreement and that any such liability is expressly denied. You release and discharge Verizon and their predecessors, successors, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, employees, attorneys and/or shareholders from all causes of action, claims, suits, debts, damages, judgments, and demands whatsoever, whether now known or unknown, matured or unmatured, whether before a local, state or federal court, administrative agency or commission, including, but not limited to, the Federal Communications Commission and the Federal Trade Commission, at any time before and including the date of this Agreement arising out of or relating to the “Dispute”.This Agreement is binding on the Parties, their predecessors, successors, parents, subsidiaries, affiliates, assigns, transferees, agents, directors, officers, employees, attorneys and shareholders. The Parties agree to keep the existence of this Agreement, its terms and conditions (including the amount hereof), and any negotiations related to the agreement confidential. Each of the signatories of this Agreemen t represents and warrants that he is authorized to execute of this Agreement and to bind his respective Party to it. This Agreement shall be governed by the laws of the Commonwealth Pennsylvania . The Parties acknowledge that they have had the opportunity to consult with legal counsel of their choosing before entering into this Agreement, have read this Agreement completely, know and understand its contents, enter into this Agreement freely and voluntarily, and have made to each other no promise or representation not contained in this Agreement. Please sign this Settlement Agreement and return to me via fax, or email. The actions which Verizon has agreed to implement on your account will take place once I receive your signed documents.Sincerely,
To what extent is the attorney-client privelage
To what extent is the attorney-client privelage "enforceable"? I have a situation where I need to use some communications between my attorney and I as evidence and need to know what the ramifications of this are, can I do that? I've had two attorneys over the last year and the first one was a good guy, we both agreed that I would be in better hands with someone more aggressive so I was handed off to the second attorney. Long story short, the second one didn't represent my interest at all, I've got a great malpractice claim against hi and he dropped me just after he served the petition, I never had a chance to argue against it because he gave me the wrong date for the hearing on his motion to withdraw, it's been crazy. But one of the items I'm concerned about is the use of communications from both attorneys. For example, I have a few emails from the first attorney where we talk about how the second attorney told us both that he was going to be arguing against an eviction among other things, then I have a few emails from the second attorney where he says the same thing but ended up making a deal with the defendants attorney one week before to not contest the eviction in exchange for him dropping me as a client. I've actually got an email from him where he flat out admits to making that deal. So now I'm in the process of motioning for a continuance right now and I need to know if I can even use these messages. Can I use just a few of them but not waive my attorney client privelages completely or can I not use anything from the attorneys?The defendants attorney has just filed a motion for a protective order and one of the items he focuses on for a reason is that I've had two attorneys who have dropped me, well, I can prove that he was the cause of thus last one dropping me but he is claiming that I cannot use this message unless I waive my privelages fir that attorney. The message is short, can I really not use it in my response to his motion?
I am an African-American black female Controller working at
I am an African-American black female Controller working at a public University in the state of Texas. Based on the org chart, my supervisor is housed at a different location. However, there is an expected dotted line relationship with the CFO and his administrative Finance team, all Caucasian. My job is to handle all Accounting for the Dallas campus location. However, the CFO and his VP of Budget is making it almost impossible for me to do so. I am being excluded from meetings, not included on pertinent email exchanges, and now am the subject of derogatory text messages to colleagues and other superiors at the sister campuses. These instances have been brought to my attention and I am being asked to "play the game" to survive. This situation is very uncomfortable.I am constantly being forwarded requests from the CFO to perform duties outside my realm of expertise. When I reach out to my colleagues at the sister campuses, my colleagues confirm my assumption that these are not tasks Accounting should perform. Additionally, my staff and I (all minority - black and Hispanic) are constantly subjected to derogatory and/or condescending comments regarding. Statements such as "it's common sense, it's just adding and subtracting, nothing is ever really right around here anyway".I have reported this situation to my superior who claims to have elevated it. However, the only changes I see are me being asked to "play the game". Now I'm getting random requests for lunch meetings with the CFO and VP of Budget and requests to complete leadership assessments that have nothing to do with work. I'm in a very uncomfortable position since my boss and HR are telling me not to respond and not to be alone with either of them to avoid being set up. However, all counseling and guidance if "off the record".One of my colleagues at the sister campus who is also an attorney advised me that I definitely have a legitimate claim for a hostile work environment due to harassment and an eliminate of discrimination. He based this statement on an email and text message that was received by others but "out of respect for me", I was not allowed to see.Can you please advise me on what options I have? This is becoming more and more unbearable, to the point of migraines and medication on a frequent basis.