I need a lawyer
- Thread starter Gquebed
- Start date
VIANARCHRIS
Well-Known Member
Fight back just as dirty. Publicly name & shame the company and the managers responsible. Inform their customers of their illegal business practices and employee bullying. It can go both ways and the company has a lot more to lose...
jonsnow399
Well-Known Member
Offering a payout isn't an admission of guilt, when they make a payout they always state that it isn't an admission of guilt either.
been at it with businesses like H&R development...
once they offer you a settlement or money of any kind..they have admitted their guilt BUT will STILL take you to court to prove they are better...but..when ya have a case...KEEP ON THEM HARD if you can and take them all the way home!
once they offer you a settlement or money of any kind..they have admitted their guilt BUT will STILL take you to court to prove they are better...but..when ya have a case...KEEP ON THEM HARD if you can and take them all the way home!
GroErr
Well-Known Member
@Gquebed glad to hear this is at least moving forward. How long were you there? Reason I'm asking is there's sort of a guideline for severance which depends on length of employment and position (the higher the position/responsibility, the higher the number). And I'm not talking abut the official 1 or 2 weeks per year of service. More like 4-6 weeks per year of service in questionable situations (like this one), that's another number you may want to run against however you're calculating it now. It would be a good sanity check + some $$ for your hassles, + some $$ to sign off on the NDA...
VIANARCHRIS
Well-Known Member
I dunno. You think they can convince a judge or jury that they you offered money out of the goodness of their hearts? If they didn't think they had done anything wrong, or if they believed they could win in court, they would not be having any conversations with Gquebed.
Gquebed
Well-Known Member
I was only there a year and a bit. I realize the severance thing works on a scale... But the years salary im asking for could also be called "incentive" money... incentive for them to just reinstate me... lol
Basically, the point i made is that taking a cash settlement that is too small does nothing for me. Doesnt solve my problem in keeping my house. Reinstating me does solve that problem.
So... however i arrive at my number doesnt matter. It is the number i need to walk away. If they dont want to pay it...fine... we wait for HRC and see what they say...
I am that confident in my case.
But i suppose youre right... better to call it something else... for fear of confusing the simpletons
jonsnow399
Well-Known Member
People pay settlements all the time, it means nothing to the courts. It saves court appearances, lawyer fees and bad publicity.
VIANARCHRIS
Well-Known Member
Not true. I settled with the Alberta government (uninsured motorist fund) back in the 80's and the courts denied me seeking further compensation when other medical issues surfaced because they had made a settlement. The forms you sign when you accept the payout absolves the defendant of any further liability. It meant something to the courts then. Like I said, companies do not offer to settle unless they know they are at fault - if they win in court, the complainant pays court and legal fees and there would be no 'bad publicity' for defending a false accusation. The only reason to settle is to avoid a larger payout and bad publicity. I doubt this company will settle for what Gquebed wants, so they'll be forced into court anyway. When the judge hears the only disagreement is the amount, how is he going to rule anything other than the company has admitted guilt? The lawyers can call it whatever they want, it doesn't change the reality.
I'm not a lawyer, but I've been through a few battles and I tend to see things in black and white. I wasn't a popular client for my lawyers...but we always won. lol
jonsnow399
Well-Known Member
Companies offer to settle all the time. They have to figure what their time is worth. When they settle you have to sign an NDA saying they admit no responsibility or guilt and the terms are secret. If a company wins a suit there will still be bad publicity because other shady dealings the company may be doing will come out and some people will believe the "big,bad, corporation just bought their way out of it. Its much easier in some cases just to make an offer, if the litigant accepts its over. Taking it to court could encourage other people to sue.
Gquebed
Well-Known Member
So i asked for 137k in the end, last friday. This friday, yesterday, they countered 42.5k, saying reinstatement is off the table. Hahahahahahah
42.5k just accounts for lost wages up to now.
But they said they would entertain a counter to their counter....
Im tempted to say split the dif in the middle at 95k ish and call it done. But then i get taxed to hell on that. 30% gone. Unless... everything over the 42.5k is classified as punitive and/or personal injury damages... which would be hard to justify to CRA it they came calling.
But then an American corp gets away with breaking canadian law and will continue to do so until somebody puts up a fight...
So my gut instinct is to just say no to them.
So go with my gut or with temptation... fuck me?????
42.5k just accounts for lost wages up to now.
But they said they would entertain a counter to their counter....
Im tempted to say split the dif in the middle at 95k ish and call it done. But then i get taxed to hell on that. 30% gone. Unless... everything over the 42.5k is classified as punitive and/or personal injury damages... which would be hard to justify to CRA it they came calling.
But then an American corp gets away with breaking canadian law and will continue to do so until somebody puts up a fight...
So my gut instinct is to just say no to them.
So go with my gut or with temptation... fuck me?????
CalyxCrusher
Well-Known Member
Sounds like you guys are miles apart on a number, best of luck. Ive been there and it can be a stressful process negotiating with people looking to nickel and dime. Especially when they have the checkbook
GroErr
Well-Known Member
Deduct what it would cost for a lawyer to fight it, otherwise see you in court, for more as they'd end up paying court costs + a lawyer.
TheRealDman
Well-Known Member
But...going to court is always a crap-shoot!
GroErr
Well-Known Member
Yeah but its a crap shoot for both sides, negotiating is nothing but a poker game and neither wants to go to court. It's how much you're willing to risk on that bet...
bigmanc
Well-Known Member
Awful attorney on the other end. Here’s our offer but counter us...idiots. Make your counter offer at 117k. The goal in this game is to move down as little as possible for as long as possible while they go up. The larger the company the tighter you hold on. Hopefully you don’t need the money, just drag it on. It’s not if your getting paid it’s when, longer the more you get.
TheRealDman
Well-Known Member
Not necessarily. Canadian judges/jury’s don’t like to make rulings on $$ settlements, especially when both parties were actively engaged in negotiations. As I said before, settlements are all based on precedent. This is true during negotiations and/or before the courts. Whomever breaks off negotiations by wanting to breach the precedent threshold...will most always get the shitty end of the stick in court. I’m all for you getting what you think you deserve, but reality dictates you’ll only get what the court precedent allows.
TheRealDman
Well-Known Member
My guess is their attorneys know exactly what they’re doing. They will try to show their willingness to make a deal at all costs. This is exactly what the courts want to see...settlement by the parties. Whoever try’s the hardest to settle, will usually gain the judges favour if it gets before the bench.
TheRealDman
Well-Known Member
It’s all personal injury settlement at this point (ptsd), and those settlements are tax exempt.
