need an attorneys advice please.?

Question

My Husband worked at a detention center, and was suspended because he alledgedly touched, not had sex with her...She was an inmate..He never was fired or he didnt quit his job..We hired a lawyer, and just last week he got cleared of this mess...The prosecuiting attorney said that if he quit his job, and was a good boy for 6 months, they would dismiss it..Which he agreed to...what I am asking is ..Has he any right to recieve his back pay from him work since he didnt get fired, and he didnt quit..they just quit paying him..and also the lawyer we hired told us his fee, but it got dismissed early, so should we have to pay the whole fee?..just need some legal advice..am going to call his lawyer in the morn.

My husband has been suspended from his job since Dec 06, and they paid him until 2 months ago, and then just quit..he didnt quit, and they never did say he was fired...I believe he should get the back pay since they made him quit last week for the case to be dismissed.

Answer 1

Why do you need legal advice here if you are talking to your lawyer in the morning? Just asking.

Yes, the lawyer deserves his fee. He got the case dismissed, didnt he? Unless he was charging you an hourly rate, the fee he earned must be paid. And judging from the situation your husband was in, you should be glad to pay it.

Now as far as back pay, from the information you gave, it's not possible to determine if he's owed it or not. You said the case was dismissed. But was there a finding that said your husband was cleared of all charges because he was falsely accused, or were the charges dismissed for some procedural reason? I think in the former case he'd be entitled to back pay. Your attorney is the right person to answer this question. That's why you hired him.

Answer 2

The last person you want to not pay is your lawyer. He is also the best person to ask about the back pay or the suspension pay for your husband. It should be part of the negotiated deal.

It sounds like a case with everyone trying to do some "cover your own rear end" work here, and a lot of it. I don't know what is normal for your husband's job, but in effect he was suspended and whenever a police officer is in trouble they are normally suspended with pay until the situation is worked out. If the officer was in the wrong then they are suspended without pay. That should be the pattern for this case.

(Just a layman's advice here, but start with your lawyer.)

Answer 3

did he have an employment contract? if not, then no, you wont get any back pay. its the law of at will employment, they can let you go at anytime for any reason. i know they didn't officially tell him he was fired, but no court will make an employer pay and employee in at will employment for work never performed. the employer has a right to investigate improprieties, as long as they have a reasonable belief.

for attorneys fees, the lawyer should only charge you for work completed. flat fees are enforceable if the lawyer sees the case through from beginning to end, but an early dismissal should allow him to prorate the fee somewhat. just ask for an accounting of work completed.

Answer 4

So did he inappropriately touch her or not? THAT is the key. If he did, then they are basically choosing to overlook his mistake and are temporarily suspending him and you owe the attorney for saving his job. If he did not touch her and can prove it, then I would demand back pay and that the employer pay the legal fees. (You must pay your attorney but can ask the judge for the employer to reimburse you).

Answer 5

First, you owe the attorney his ENTIRE fee. Second, your husband QUIT, so he is not entitled to anything at all. There is a lot more to your story.