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If i hired an attorney because i was fired while i was on…

if i hired an attorney...
if i hired an attorney because i was fired while i was on disability why would he ask me to dismiss my claim with the labor commission that i already had going over wages
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Answered in 9 hours by:
3/22/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,641
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

If your attorney is planning on suing for the wages in court, that is why they are asking you to drop the claim with the Labor Commission, because you cannot have a court claim for wages owed and a claim with the Labor Commission simultaneously. This is because you cannot get a double windfall by (potentially) collecting on both.

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Customer reply replied 1 month ago
answer on the screen here i cant get itg on e m,ai

I don't know how you access the answer (my screen looks different than yours I believe) but I am answering on the screen. Here is my answer again that I posted:

Good afternoon, If your attorney is planning on suing for the wages in court, that is why they are asking you to drop the claim with the Labor Commission, because you cannot have a court claim for wages owed and a claim with the Labor Commission simultaneously. This is because you cannot get a double windfall by (potentially) collecting on both.

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Customer reply replied 1 month ago
but the lawsuit is for retaliation for firing me while i was on disability for a work related injury he hired someone else and fired me when i was released for full dutyn from the doctor

I would definitely ask your attorney his reasons why, because every attorney on this site can only speculate as to what the attorney is thinking. Your attorney will be able to explain to you, and should have done that at the time they asked you to dismiss your claim.

That said, you're claiming lost wages due to the wrongful termination and asking the Labor Commission to compensate you. If your attorney is asking a court to award you those same lost wages, that is why I believe they want you to dismiss your claim -because you could potentially have a double recovery, and a court will not allow that.

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Customer reply replied 1 month ago
can you please answer on the screen

I am answering on the screen. As I said, I can only answer on my screen (my screen likely works differently than yours, and I don't know how you have to access the answer, but I cannot control that).

Again, here is my last reply:

I would definitely ask your attorney his reasons why, because every attorney on this site can only speculate as to what the attorney is thinking. Your attorney will be able to explain to you, and should have done that at the time they asked you to dismiss your claim. That said, you're claiming lost wages due to the wrongful termination and asking the Labor Commission to compensate you. If your attorney is asking a court to award you those same lost wages, that is why I believe they want you to dismiss your claim -because you could potentially have a double recovery, and a court will not allow that.

RobertJDFL
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