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New Member
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Aug 30, 2012, 06:31 PM
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Can I sue my husbands former employer
Can I sue my ex husband employer for stress,defemation financial loss.The city he worked lost a piece of information from his background and than accused him of dishonesty and terminated him. He filed a writ of mandate and the city settled on clearing his name because there was never any evidence .There was testimony from the background people saying could have lost it in their house because of water damage.
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Uber Member
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Aug 30, 2012, 07:22 PM
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You can try... spend a lot of money on a lawyer... and lose.
If he was an at-will employee... they didn't need a reason to terminate him... if he was a union worker, then it fell to them to defend him..
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New Member
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Aug 30, 2012, 07:55 PM
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Detailed
He was a police officer . Being terminated for dishonesty is a very bad accusation especially when they had no evidence. It took him a long time to find employment again. We lost everything financial and we borrowed a lot of money . We had to relocate to another state and that caused preterm labor .
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Uber Member
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Aug 31, 2012, 07:48 AM
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Originally Posted by nwc
He was a police officer . Being terminated for dishonesty
Hello n:
He needed a lawyer THEN, or a union rep THEN.. You won't be able to change the past.
excon
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Expert
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Aug 31, 2012, 07:53 AM
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What is your question for us?
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Expert
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Aug 31, 2012, 08:12 PM
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Originally Posted by nwc
... the city settled on clearing his name ...
There was a lawsuit and the city settled? A settlement involves a release of all claims. It's possible you didn't sign off on that settlement, but you can't recover for defamation of your husband, and as far as the emotional distress, etc. well it's posslble I guess, although it doesn't look like that good a case. Discuss it with a PI attorney; who knows.
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New Member
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Sep 1, 2012, 03:25 PM
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He filed a writ of mandate and the plaintiff settled on clearing his name only. He also filed a civil lawsuit against two parties the background company and the city. The company settled for 20k and the judge ruled on
Having to do it through the writ hearing. There was testimony that the background company stored records illegally in her garage were water damage had occurred and some files were destroyed
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Uber Member
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Sep 1, 2012, 03:46 PM
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Originally Posted by nwc
He filed a writ of mandate and the plantiff settled on clearing his name only.
Hello again, n:
The CITY was the plaintiff, I presume.. If there was more to get, THAT is the time it should have been gotten...
excon
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Expert
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Sep 2, 2012, 06:34 AM
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Originally Posted by nwc
... He also filed a civil lawsuit against two parties the background company and the city. The company settled ...
Originally Posted by excon
...
The CITY was the the plaintiff, I presume.. If there was more to get, THAT is the time it should have been gotten...
...
If he sued, he (OP's husband) would have been the plaintiff. It appears that OP doesn't understand enough of all of this to be able to express here what happened. But you're probably right, Excon, as I say, it is probably too late to ask for more.
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New Member
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Sep 3, 2012, 10:37 AM
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Can my husband apeal his civil case if he feels that his lawyer went behind his back and made a deal with the city.he coaherst him into taking the deal by emailing him 20 times and calling. After he made a little money off the first party.the second party would be the city was too much paper work so he presured him into taking a no money deal.so we are still in major finacil debt and suffered from emotional distress for the past two years.
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New Member
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Sep 3, 2012, 10:46 AM
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The deal he took was the writ of mandate and that was to clear his name.but the civil lawsuit of it the first party settle for 20k and are lawyer took 11k plus a thousand for retainer fee plus he took payments and he was working on contengency. Once it came to going to trial with the city the judge ruling was to go through the writ of mandate and he lost that part.
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Uber Member
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Sep 3, 2012, 12:57 PM
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How do you think you can appeal a case you already won? Because you didn't think you got enough?
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Computer Expert and Renaissance Man
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Sep 3, 2012, 12:59 PM
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He signed the settlement. It would be next to impossible to prove cohersion.
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current pert
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Sep 3, 2012, 01:08 PM
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You can talk to all the lawyers you want about suing on your own behalf. I have no idea if you will find one (on a contingency basis).
There are lawyers who specialize in suing lawyers. But even that sounds like a weak case. I'm sorry your ex signed off on this, but he did, and it's over.
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Expert
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Sep 3, 2012, 02:23 PM
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Originally Posted by nwc
... .he coaherst him into taking the deal by emailing him 20 times and calling. ...
That doesn't at all look like coercion. In fact the lawyer had a duty to let his client know about the deal.
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Expert
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Sep 3, 2012, 06:27 PM
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I see no reason for appeal, and the lawyer took a large amount but I guess that was agreed to ahead. If you had no agreement on how much to pay the attorney, that you need to discuss with the attorney and complaint to the bar association
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