A lawyer will ask you questions about your work history, performance, and more to figure out whether your employer included you in the layoff to mask a wrongful termination. The lawyer will also ask you questions to find out whether the employer fulfilled its obligations for even a legal layoff or RIF.
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The lawyer will ask whether there are witnesses who might have information suggesting that the employer did not handle the layoff properly or selected you for an illegal reason. Help the lawyer evaluate your case by bringing a list of witness names and contact information to your meeting.
If you reported discrimination or other illegal activity shortly before your layoff, a lawyer will also assess whether your employer laid you off in retaliation for that activity.
In a wrongful layoff case, the types of damages that you may recover include lost pay, lost benefits, emotional distress damages in certain cases, and punitive damages when available. You might also be entitled to collect attorney fees from the employer if you win.
severance pay (if the employer has a severance policy) notice of your right to continue on the employer's group medical coverage (although you have to pay the premium), and. 60-days' notice of your lay-off if it's part of a mass layoff or plant closure.
Employers (and employment lawyers) use the term "layoff" generally for any job termination based on a business reason, such as lack of work. A reduction-in-force (RIF) refers to the elimination of one or more positions to save money. Employers also use terms like "downsizing" and "restructuring" to describe job eliminations.
If your employer failed to meet these obligations, you may have employment law claims that a lawyer could help you with.
The reasons for a layoff have to do with the company's financial picture and future plans, not with the particular employee who loses a job. Employers use the term "termination," by contrast, for the decision to fire an employee for any reason other than a business-based job elimination.
Anytime you pay an upfront fee, you risk the lawyer not doing much or any work.
Faced with a $2.66 million fee for a bankruptcy case, Vick learned that his lawyers were charging for extensive overhead expenses. As Am Law Daily noted, these included the cost of running air conditioning during the weekend; taxi rides home for employees working late; and $1,200 for plane tickets from New York to Kansas.
Sometimes, law firms use high billing rates to stick clients with unnecessarily expensive bills for research, secretarial work, and other low-level tasks.
For example, a lawyer at Sullivan & Cromwell used these techniques and others to misappropriate over $500,000 before being disbarred in 2008, according to the Wall Street Journal. Besides outright false expenses, the lawyer admitted to improperly billing for personal "meals, travel and lodging" and first-class tickets on international flights, for which he paid for coach or business-class tickets, pocketing the difference.
Allen Stanford Ponzi scheme recovered only $81 million. According to the AP, the attorneys charged $27 million for three months of shoddy work.
Recently, Tuckerbrook Alternative Investments sued Bingham McCutchen, claiming the firm stacked a case with young associates who had “inadequate” experience. “The billing statements reflect that these junior lawyers in essence were enjoying the benefits of on-the-job-training at Tuckerbrook’s expense,” the complaint states, according to Above the Law.
Like a sick person, a company facing litigation is willing to spend big bucks to get out of a trouble. It's entirely justifiable, and lawyers are only too happy to oblige, billing clients for every minute worked, and then some.
The first step is to talk to someone else at the company. It doesn't necessarily have to be a higher-up, just another person to hear your case (though it should be someone who has the power to resolve your dispute). Call at a different time on a different day, and ask for a supervisor or manager.
Explain the situation, starting with your biggest complaints, and request a response within 10 business days.
The credit card company then contacts the merchant and decides who should get the money. If the issuer sides with you, you will not have to pay for the disputed charge or associated financing charges. Otherwise, you're responsible for payment -- and you'll have to take your fight to another battleground.
If you've already paid the bill with the disputed item, the credit card company may issue you a temporary credit. The person with the money has the most leverage, so if the issuer will credit your account, you've gained some power. The credit card company then contacts the merchant and decides who should get the money.
Whatever you do, make your voice heard. Besides notifying the appropriate government agencies, warn other consumers by telling your tale of woe on the Internet. Many websites allow users to rate a merchant's service or products, whereas others provide a forum for disgruntled customers. Jump on your cyber-soapbox at sites such as Epinions.com, TheSqueakyWheel.com, AngiesList.com, BadDealings.com, FightBack.com, and even the Better Business Bureau at BBB.com.
If the disputed charge is in the thousands of dollars, then hiring an attorney might be worthwhile, though the associated fees will take a huge bite out of any settlement you might receive.
Litigation can be expensive and time-consuming, so it's not to be entered into lightly.