So it continues. After verbally agreeing to settle, a month later, I receive a settlement agreement from their lawyer. I was ready to sign it but then noticed all of the stipulations they set forth. The wanted me to never speak or write to anyone regarding the case. They also wanted me to forfeit any commissions I claimed that they owed me. When their lawyer and I spoke the deal was we both just go our own way and that was it. I have no problem with that, but I've already told several people my hate for that company. I've posted about it on this forum and I just didn't want to set myself up for another lawsuit. I asked their lawyer to just let he case be dismissed for want of prosecution, but he refused and requested a retainer from the judge...it was granted. So now here we are...The original contract expired in February. It just doesn’t make sense why the Judge would grant them a retainer, when even if the contract was legal, expired a month ago. The good thing is I've been able to recover financially and can now afford to retain a lawyer. Does anyone on this board know of a good employment lawyer? I still want to proceed Pro se...I just want to pay someone to guide me. Especially when requesting evidence and submitting my list of witnesses to the courts.
Just an update and a big thank you for those that posted in this thread. I won! The jury agreed that I did not sign the non compete,essentially saying the contract they presented was fraudulent. The jury agreed that they acted in malice and awarded me a very nice amount for punitive damages. It's been a LONG 3+ years but I'm glad it's over.
Did you get anything in any sort of counter lawsuit? Such as your lawyer fees being paid by them, money lost from investors due to the bogus lawsuit, money for the time they wasted, etc?
I was awarded a very nice judgment, now it's just about collecting. My lawyer said it could be a very long time before I am paid. Being cleared of all their lies is a wonderful feeling though. I'm considering pressing criminal charges now.
Congrats! Not knowing anything about legal procedures: have you lost money in this whole ordeal until the collection? Or have lawyer fees and such already been paid by them? Hope you collect easily.
The lawyer I obtained was working pro bono, so her fees will be collected out of my judgement. I lost my business and initial investments, I lost a job paying $55k/year plus commissions, a vehicle and a huge amount of time. The fact that they were found guilty of malice was the reason why I was awarded a very large amount of money. I'll be able to start fresh and relax after 3 years of hell.
Dang. Doubly sincere congratulations to you! Things are on the upswing and I hope you end up much better off in the long run.
Not to rag on you. Glad your case worked out. I have a number of lawyer friends and it's pretty funny how quickly they distance themselves, I guess not unjustifiable. Sounds like you were more interested in winning the case than they were/most potential litigants.
I was being totally raped by people with a ton of money. They thought I would just bow out and take it. Three years of fighting, I feel like I know everything there is to know regarding non compete cases.
nice. sounds like a sex position I might have to try with wifey tonight. good job on the win. And after 3 years there is no doubt you 'lost' something as well. sucks nothing on these things comes out clean. I fought a principle matter on my business and sued the bastards in court and won.. but it was not all fun. It stressed me out just the prep and the opponent playing games after their faults and bad business. really nasty. but collecting on them was lots of fun. There are bad people in this world. I remember looking at the court and it said 'hall of justice' I was like 'damn right motherfu**ker' Have you collected yet? Don't waste any time waiting on collecting (especially if you have a judgment) and go at them just as hard as you did everything else.
good we might need to contact you about this at some point. Always good to get advice from folks that lived it.
Almost 4 years now and still in this mess. I am now in the collection process of this and need a little help. The judge in the case signed the judgment order on 8/21/2014...they of course filed a motion for a new trial that was overruled by operation of law. This extended their time to appeal until 12/19/2014, the day came and there was no appeal. Does anyone know why a lawyer would not file for an abstract of judgment as soon as the final date to appeal passed? This lawyer took my case on contingency, so I feel awkward harassing her about the progress, since she technically hasn't earned a dime yet. Just wanting a little insight in the process if anyone is familiar. Thank you in advance.
I did, she was very vague and was going on vacation. The last thing she said was she spoke with the plaintiffs lawyer and he wasn't sure what his client was going to do.
