I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

Question

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7 figure case class action case. What would happen if I contacted my Hr department and discussed a private settlement in exchange for dropping the case I have ongoing currently. What could the attorneys working for me do if I did this and how likely would the defense want to settle for much lower amount?

Brad S Kane · Answer

First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays. 
Second, and more important, you mention that this is a seven figure class action. As a class representative, you must act to protect the interests of the class and not prefer your own personal interests, which it sounds like you are tempted to do. Thus, you efforts to settle the case without your attorney's involvement might get you disqualified/removed as a class representative either by the Court, Opposing Counsel or your own lawyers. 
Third, any class action settlement will have to be approved by the Court. The Court will need to hear from your attorney's why the settlement you reached without them is in the best interest of the class.

Maurice Mandel II · Answer

I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement.  If reported to the Court, the court could very well disqualify you from being the Class Representative for taking actions adverse to the interests of the class.

James L. Arrasmith · Answer

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private settlement in exchange for dropping the case, your attorneys would likely advise against it. They are representing your best interests and have been working diligently to pursue a favorable outcome. Engaging in independent settlement discussions could potentially complicate the legal proceedings and harm your case. It is also important to consider that the defense may not be inclined to settle for a significantly lower amount, as the mediation has already been scheduled, indicating a serious commitment to resolving the matter. Trusting the expertise of your legal team and continuing to work closely with them will maximize your chances of obtaining a fair resolution in your wage and hour violations case.

Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.