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I won my case with EDD. The decision was overturned. The judge

stated that any employee who...
I won my case with EDD. The decision was overturned. The judge stated that any employee who was subject to the hostile work environment would have left along time ago. The Judge sited over five case laws. My question, I want to pursue my case further. I need an attorney who specialized in constructive wrongful termination cases. In my case, all employees who file a complaint against the executive director go unanswered, blocked or not acknowledged. The executive director controls the entire complaint process. When complaints are filed against the executive director, the employees are retaliated against creating a hostile work environment. Over seven employees endured this adverse behavior. Three sued and the cased were settled before they went to court. All lawsuits were filed for the same reasons.
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Answered in 1 minute by:
9/26/2013
Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12,620
Experience: Licensed attorney
Verified

Brandon M. :

Hello there.

Customer:

Hi

Brandon M. :

First, congratulations on your win. It's great to see when the system works.

Customer:

Thank you.

Brandon M. :

In which California county did all this occur?

Customer:

Los Angeles

Brandon M. :

Thanks. Have you approached any law firms about representing you in this matter?

Customer:

No. Not yet.

Customer:

I am looking for an attorney that specialized in constructive wrongful termination cases

Brandon M. :

You're probably not going to find an attorney that specializes in constructive wrongful termination because that is so specific. It would be like finding a physician that specializes in pinky toes. You would want a podiatrist, not a pinky-toeist. I would actually recommend that you work with someone who has expertise in wrongful termination cases, which would certainly include constructive wrongful termination. If you'd like, I can give you some leads.

Customer:

Please. This will be helpful. I would like an attorney that is not afraid to take on my case. What goes on in that office is wrong?

Brandon M. :

Certainly. I would actually be inclined to refer you to the Los Angeles Bar Association because they have pre-screened their lawyers and they can connect you with several attorneys who not only have expertise in wrongful termination, but will also meet any other criteria that you may have. Go to their website here: https://www.smartlaw.org/ . For "type of lawyer" choose "wrongful termination" in the drop down menu. If you have any other requirements, you can include them in the box where you describe your problem. You can also specify if you need to have a free initial consultation.

Brandon M. :

I practice in California, and I use them whenever I need to refer a client to someone who has another area of practice. I've never heard anything negative back.

Customer:

Okay. Thank you. I hope this will be helpful.

Brandon M. :

It's definitely encouraging that you won at your EDD hearing. If you can't get a good referral, feel free to come back and we can try to figure out some other options. But as I mentioned, I've had tremendous success with them in the past.

Customer:

Thank you. Sorry if I feel discouraged. From my reading online, many attorneys are not willing to take on a case unless it falls into the protected class. In my case, the employer systematically derailed employees who filed complaints against him. It is a pattern that has been going for over three years. I will definitely look into the website. Thank you.

Brandon M. :

Hi, I do apologize. It appears that you attempted to leave a rating.

Brandon M. :

If you'd like to leave one now, you should be able to do so. Thanks.

Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12,620
Experience: Licensed attorney
Verified
Brandon M. and 87 other Employment Law Specialists are ready to help you
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But to address your last point, what an attorney needs is for the case to be profitable. A case can be legally solid, but if it is only worth $500, it isn't worth an attorney's time to spend 3 months working on even if they do win. Discrimination cases tend to be more lucrative, so they are oftentimes more financially possible for an attorney to take. If you have a legal foundation to win your case and if the value of your case is there, you won't have any problem finding someone to represent you.
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Customer reply replied 4 years ago

I understand your point. How does an attorney determine that value? A former employee who filed a complaint against my former employer for the same reason, settled her case for $25,000. She had less evidence to support her claim than I do. Although they were wanting $100,000, the agency only settled for $25,000 because of her lack of evidence. I was the executive assistant to the executive director. I not only witness his behavior to other employees, I received a great deal of it, after I filed a complaint. I am not sure how to find an attorney who is willing to see the diamond in the mud, so to speak.

Some damages can be assessed more objectively than others. Lost wages can be determined with reasonable specificity, for example. But other damages are more squishy, like the emotional distress of being wrongfully terminated. It's not an exact science, and an attorney oftentimes relies on experience to determine what a case is worth. A case is worth what a jury is willing to award.
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Brandon M.
Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: Licensed attorney

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