Help with Negotiating OT settlement

[windingmeup]

What is the name of your state? California

I am the principle plaintiff in a class action overtime lawsuit in California.

This case is ready to settle. Is it reasonable in a settlement to ask the company to pay my legal fees? Here is my reasoning. If they don't pay my attorney then I will. This turns out to be 40% of the settlement. That turns out to be a lot of money.

I can't complain about getting some of the money back that was owed me but I still feel penalized as if I worked all those hours over the years and did not get fully compensated.

This is really a negotiation question. What can I reasonably ask to be negotiated in this OT settlement?

 

[cbg]

How in the world can you expect us to know what is reasonable with regards to a case we know nothing about?

 

[windingmeup]

CBG, My mistake I know you read thousands of these posts. You have replied to me in the past on my postings related to this case/suit. I assumed you and Beth know the history. I only posts update every 4-6 months.

I should have started my thread with: Read my prior posts for history.

However, as a general question, is reasonable to ask for the Defendants to pay attorney fees in a case they want to settle. We have a strong case to collect back payment so if it went to trial it would be in our favor. I think in this case a judge (or jury) could award attorney fees in the restitution amount. It's in this area I am hoping to find someone here who knows the law and negotiation tactics.

 

[cbg]

Sorry. As you say, Beth and I both read thousands of posts. Since both of us respond on several more boards than this one, it's fair to say that we read dozens a day. Occasionally I might remember a screen name and know that the person has posted before, but it's rare that I'll be able to remember what they posted about, let alone the details. (Not yelling at you, just explaining logistics )

I can and will go back and review your posts, but my experience in legal negotiation is nil. Perhaps someone else will have greater knowledge.

After I look at your previous posts, if I have any thoughts I'll post them.