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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24870
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I was in a class action law suit against Fastenal. THe firm

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I was in a class action law suit against Fastenal. THe firm handling my law suit was Scott Cole from California. The settlement was very small therefore I am not satisfied with the result. I was fired in April of 2011, has my statues of limitation expired eventhough this case took most of my time and the result was ridiculous. Do I have to accept the paltry settlement or can I continue the legal course.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Did you ask this in your other question?
Customer: replied 4 years ago.


no

I see that you did but haven't rated that answer.

Sorry, I'm going to opt out of your question.
Customer: replied 4 years ago.


I did rate your answer and sorry you did not receive the best rating that I gave. I was very satisfied with your actions.

OK, there must be a mix-up or website problem - I will notice JA of the problem.

I apologize completely!! It's not your fault for our problems.

You stated:

I was in a class action law suit against Fastenal. THe firm handling my law suit was Scott Cole from California. The settlement was very small therefore I am not satisfied with the result. I was fired in April of 2011, has my statues of limitation expired eventhough this case took most of my time and the result was ridiculous. Do I have to accept the paltry settlement or can I continue the legal course.


You didn't opt out of the class - correct?
Customer: replied 4 years ago.


correct

Were you given notice of the option to "opt-out" of the class action?
Customer: replied 4 years ago.


I don't recall and I do not have the documents with me. I guess I can relocate and forward to you if it will be helpful.

Yes, please review the documents and see if you were given notice of the option to "opt-out".

I'll be waiting for your response. Thanks!
Customer: replied 4 years ago.

Attachment: 2013-10-07_145346_scan0001.pdf

Just forward the Attorney retention Agreement

I have it and will review.
Customer: replied 4 years ago.


thank you

OK.
In TX, a two-year statute of limitations applies to the recovery of back pay.

After review of the documentation you sent, regretfully, you went with this law firm or attorney to represent you - there wasn't an "opt-out" class action provision but there was a specific retainer agreement in your case against Fastenal.

So, your options would be to appeal the award or you would have to accept the award. There would not be the option to again file suit in your case.


I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.



Customer: replied 4 years ago.


I understand that sometimes decisions may not be favorable. Do I have to answer during their time frame. I need to ask local atty as to the cost involved if I appeal. I think today is the day that I need to answer. What happens if I do not respond.


 

You only have to answer if there is a pleading involved - which mandates a responsive pleading.

An offer of settlement doesn't mandate that you respond - but the offer may only be open for a period of time. So, if you don't respond, the offer is off the table. However, in my experience if an offer was made - the offering party usually keeps that on the table regardless if you respond within the time frame or not.
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