how long should it take to get paid?

rmmart

New Member
Jurisdiction
California
Here is my situation,
I filed a wage and hour suit and PAGA suit against employer about a year ago. They had a class action suit for some of the same things against them that settled a few months after I filed. I opted out because the amount I would have got was way less that what they owed me. there was an agreement made between our attorneys that is a very good deal for them, so so deal for me. part of agreement was that paperwork would be filed with courts to dismiss PAGA suit. and I won't get paid till after that happens, it has been 5 almost 6 weeks since this agreement was discussed and both parties agreed and there hasn't been any paperwork even filed with the courts yet, I have asked my lawyer what is going on he says that he is waiting for employers lawyers to get paperwork to him. This seems like a long time for what should be some simple paperwork to change hands. I want to tell my lawyer to inform other lawyers that if they don't get on the ball I will want an additional $5000.00 plus $1000.00 per day added to total for every day they stall after the 15th of this month. Can I do that? Also the amount that we agreed on is what I am actually owed for unpaid wages and about $5000.00 additional. does this sound like a fair amount of penalties for about $12,000.00 that I should have been paid starting almost 2 years ago?
 
This seems like a long time for what should be some simple paperwork to change hands. I want to tell my lawyer to inform other lawyers that if they don't get on the ball I will want an additional $5000.00 plus $1000.00 per day added to total for every day they stall after the 15th of this month. Can I do that?

It might be better if you wait for the lawyer to contact you.

When he or she knows something, you'll be informed.

Some lawyers dislike being pestered, and if he or she feels you're being a pest, things will mysteriously, LEGALLY slow down.

As far as demanding the other party pay you more money because you think it is late, don't even consider such thoughts.

There are legitimate ways to slow things to almost a stop.

I've also seen the debtor launch appeal after appeal when demands are perceived as threats.

To you $100,000 might seem like a great deal of money that you desperately needed last week.

The other party thinks little of you or your needs, because if you were held in high esteem, you'd have been compensated already.

I'm sure you're not fond of them, either.

They, however, hold the fruits of your labors.

Just relax, and it'll happen when it happens.

No one responds well to threats or demands.
 
Not wanting to "pester" my lawyer is why I am at this website in the first place. I am concerned with the time because in a draft of settlement agreement I got from my lawyer on 06/04 ,one part states that "plaintiff has been provided a copy of settlement on 05/26 to review and sign and return to employers law firm by 06/16 or it will no longer be open for acceptance. in the same email that was attached to my lawyer said that he was waiting for draft of stipulation for dismissal of the PAGA suit to be able to review them together and he expected to get that in the next day or two. On 05/30, 5 days prior to that email I had gotten an email from my lawyer saying he had gotten draft of above mentioned settlement agreement and was waiting for draft of stipulation for dismissal of PAGA claim and expected to get it later that day. So he is the one making me have concerns about time frames in the first place, I agreed to accept this settlement to get it done now rather than a year from now. and i'm not talking $100,000. I am only talking like $17,000. and I don't know if I am agreeing to what is a fair amount or not, it seems kind of low but I don't know what would be "normal" for this type of case. As part of the settlement they agree to pay my lawyer $20,000. so I don't know if he is doing this in my best interest or his, or if he is maybe intimidated because my employer has on of the biggest high dollar law firms in the area and he is a small private practice attorney. all this and more is why I am looking for some advice, I considered talking to another lawyer or a law firm but don't know if there are any that would involve themselves this late in the proceedings. Plus I would really like to be able to trust the lawyer I hired but you all the time hear horror stories about people who are burnt because they trusted the lawyer the hired.
 
Not wanting to "pester" my lawyer is why I am at this website in the first place. I am concerned with the time because in a draft of settlement agreement I got from my lawyer on 06/04 ,one part states that "plaintiff has been provided a copy of settlement on 05/26 to review and sign and return to employers law firm by 06/16 or it will no longer be open for acceptance. in the same email that was attached to my lawyer said that he was waiting for draft of stipulation for dismissal of the PAGA suit to be able to review them together and he expected to get that in the next day or two. On 05/30, 5 days prior to that email I had gotten an email from my lawyer saying he had gotten draft of above mentioned settlement agreement and was waiting for draft of stipulation for dismissal of PAGA claim and expected to get it later that day. So he is the one making me have concerns about time frames in the first place, I agreed to accept this settlement to get it done now rather than a year from now. and i'm not talking $100,000. I am only talking like $17,000. and I don't know if I am agreeing to what is a fair amount or not, it seems kind of low but I don't know what would be "normal" for this type of case. As part of the settlement they agree to pay my lawyer $20,000. so I don't know if he is doing this in my best interest or his, or if he is maybe intimidated because my employer has on of the biggest high dollar law firms in the area and he is a small private practice attorney. all this and more is why I am looking for some advice, I considered talking to another lawyer or a law firm but don't know if there are any that would involve themselves this late in the proceedings. Plus I would really like to be able to trust the lawyer I hired but you all the time hear horror stories about people who are burnt because they trusted the lawyer the hired.


So, rather than trust your lawyer, you're willing to trust Internet strangers?

No one can tell you, another adult, what decision to make.

Good luck.
 
So, rather than trust your lawyer, you're willing to trust Internet strangers?

No one can tell you, another adult, what decision to make.

Good luck.
Like I said I was looking for advice. Thought maybe somebody at this site would have know a little more about the way these things work obviously I was wrong.
 
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