What should I do?
@bobosusanwang (135)
China
August 23, 2011 10:21pm CST
Dear Mylotters,
I'm confronted with a situation now that I don't know what I should do.Please give me your advices.
My husband and I used work in a company that run by his uncle.I quited from it two months ago and now working in a company far away from home,and I hope that he could stay with me and our daughter.He agreed,but the difficult thing is that he got his finger hurt in that company one year ago,so he wanted to ask for compensation from that company.
He consulted the local lawyer on this issue,he knew from the lawyer that his accusation had exceeded the time limit,however,the lawyer told him that he could manage that for my husband and help him get that money.
For me,I don't know if I should support him or not. The first thing I worry about is that we are relatives.The second thing is the uncertainty of the suing,you know we will have to pay the lawyer the fees no matter will succeed or not.
What do you think I should do? What will you do if you were me?
Thank you for all your advices in advance.
2 people like this
5 responses
@sagnik42 (3592)
• India
24 Aug 11
Hi bobo,
It all depends on how much you are willing to risk. It is true that you have to pay the fees of the lawyer, irrespective of the outcome of the case.
Time limits can be managed depending on the laws of the land. But, what you really need to consider is, how much compensation are you going to get, if you succeed, and if that is worth the risk.
Being relatives also is a matter of concern, but I wouldn't care about that much, because when you are working, he is the employer and your husband is the employee. If it is his right, he can definitely go to court and ask for compensation.
Hope you make the right choice.
@bobosusanwang (135)
• China
24 Aug 11
Thank you for your advice. I've thought about the two factors too, yes it's his right to ask for the compensation and it worth for hin to get it. If I were him,I would leave there and come to live with the family,this is the thing I want most,cause the charge is time-consuming.
I'm far away from home you know,I can only see my daughter once a week,so I really hope he can take her to me.
But considering your advice and I think that he may think in the same way as you,maybe I should leave it to him to decide.
Thank you again.
@sagnik42 (3592)
• India
24 Aug 11
You can leave it to him to decide. But, you must help him choose what would the best for the both of you and your daughter. If you guys don't have that kind of financial stability, filing a suit against his uncle may not be the smartest thing.
Always consider your options and the consequences before taking a decision like this.
@bobosusanwang (135)
• China
24 Aug 11
You are right,but my husband is hard to be persuaded. I don't know what to do.If he wins he can get 20,000,if he loses,he will pay 2000 to the lawyer.I told him to stop it two month ago,but he didn't take my advice.Even we worked in his uncle's company,but we didn't get anything special from his uncle,I mean we were on our own.
@Dominique25 (9464)
• United States
25 Aug 11
I think it can be very difficult to work with family when it comes to business. And I understand that you don't want to cause problems with your family. If the compensation for the injury is really worth all that the other things is going to cost, plus all the time and effort, and have some money left over then I can see going through with it. Your your husbands' injury is very serious, that he can't do the work he use I can also going through with it. There is a lot involved and you and your husband have to weight the cost. If it's not going to be worth it in the long hall it probably isn't a good idea to go through with it, especially if it's going to cause more family problems. I hope you both will make a good decision that you will be happy with.
@bobosusanwang (135)
• China
25 Aug 11
Thank you.It's really hard for us to make a decision,because we disagree each other on this. So I'll just let him to make the decision.Anyway,I won't work in the family business at all.It's all up to him. I've told him what I think of.
@ladym33 (10979)
• United States
25 Aug 11
Did the injury to your husband's finger cause a permanent injury or is it fully healed now? Does the injury to his finger keep him from earning a living? If it is not a permanent injury or one that keeps him from earning a living it might not be worth all of your time and lawyer fees to go ahead with a law suit. Lawyers are very expensive. Not to mention it is a relative you will be going up against. If he is not permanently injured and he is able to work and has already healed it might not be worth all the costs and the stress on your family relationship to sue.
@bobosusanwang (135)
• China
25 Aug 11
This is exactly what I think about,but he doesn't agree.It's a permanent injury but does not affect his capability to earn in future.
@tess_quinain (1149)
• Philippines
24 Aug 11
I think you should go for the compensation. It is your husband's right. Employees work for the employers and they should compensate fairly enough the workers. I know it is hard and it takes a lot of time and money but this is all about fighting for your right. But if money matters a lot and the relationship more than the "rights", it is only up to you in which course of action you would do.
@bobosusanwang (135)
• China
24 Aug 11
To me the relationship is more than the rights and money,but my husband is so stubborn he insists to get the money.So I'll just let he to make the final decision. Thank you.
@SpikeTheLobster (6403)
•
24 Aug 11
I'd check two things:
1. I'd find a lawyer who works on a "no win, no fee" basis so that, if I lost, it didn't cost me anything.
2. I'd check the uncle has insurance. If it were in the UK, he'd be required to have it by law, so hopefully that's the case there. If he does, there's no issue: you sue for damages but it's actually an insurance claim not a legal issue: much less painful to all involved (if you'll excuse the pun).
@bobosusanwang (135)
• China
24 Aug 11
Hi Spike,thank you for your advice,I told him to try to find a lawyer who won't charge for anything if we lost.
