Fired Overnight, Misclassified As 1099, Owed Overtime, Company Bailed On Mediation And Now My Lawyer’s Backing Out. What Can I Do? (ca)
About 8 months ago my entire team was let go overnight. The company replaced all of us with a third party team outside the states.
I live in California and later found out I had been misclassified as a 1099 contractor even though I worked in their office on a regular schedule doing normal office work. At the time I didn’t really understand the difference.
After I was let go I spoke with a lawyer who agreed to take my case on contingency since they owed me for a lot of unpaid overtime too. Both my lawyer and theirs agreed to try mediation before deciding anything.
Fast forward 8 months and the company and their lawyer completely bailed on mediation the day it was supposed to happen.
Now my lawyer is saying he doesn’t want to front the cost to move forward with a lawsuit because he doesn’t trust them and says there’s not a lot of money in it. He basically wants me to pay the upfront filing and litigation costs myself which I can’t really afford.
So now I’m stuck wondering what to do next. Is it normal for a contingency lawyer to back out like this after mediation falls through? Can I find another lawyer to take over or am I stuck because of the agreement I signed? Is there a way to recover what I’m owed without paying thousands in legal fees?
I just feel lost. I don’t make a lot of money and I know the company violated labor laws. Any advice on what I should do next would really help.
Location: California
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