1. March 30, 2015
Ms. Sharon Donaldson
987 Vindication Way
Detroit, MI 48124
Re: Acceptance or Rejection of Case Evaluation Award
Dear Ms. Donaldson:
I hope this letter finds you doing well. Case evaluation can be confusing and
particularly stressful given its influence on the direction of your case. The case evaluation
hearing concluded this Monday, March 23, 2015, and the evaluator has assigned a value
to your case. As discussed last week, you must now decide whether to accept or reject the
assigned value.
Based on an assessment of all your claims against Empire, the evaluator has
assigned a value at $175,900. This figure basically represents the damages a jury is likely
to award you for your claims against Empire should your case proceed to trial. Keep in
mind, however, that Empire has also filed two counterclaims against you, which the
evaluator has valued at $50,000. Accordingly, if you and Empire decide to accept the
evaluation, then the $50,000 value of Empire’s counterclaims will be deducted from your
claims valued at $175,900, leaving you with a $125,900 net damage award. Please note
that your acceptance or rejection applies to the awards of both parties. In other
words, you cannot accept your award while, at the same time, rejecting Defendant’s
$50,000 award. Doing so will constitute a rejection of both.
I understand that this net award may be significantly less than what you had
hoped, especially considering the initial amount we requested. Moreover, accepting the
evaluator’s award will dispose of all claims and related damage, including our request for
an order to reinstate you to your previous position as manager at Empire. However, in our
decision whether to accept or reject this evaluation award, we must also consider the
consequences of a rejection. As mentioned in last week’s discussion, if you choose to
reject the evaluation and proceed to trial, you may be liable for Empire’s actual attorney’s

2. fees if the jury does not award you an amount close to the $175,900 value assigned by the
evaluator. The result might be that you end up owing Empire hundreds of thousands of
dollars, even though the jury decided the case in your favor. This possible outcome must
be carefully considered.
My advice is to accept the evaluation and settle your case for $125,900. This
amount comes close to compensating you for your losses relating to your wrongful
termination and, more importantly, an acceptance will avoid the possibility of being
liable for Empire’s actual attorney’s fees, which may be significant. Furthermore, the
award comes relatively close to what a jury was most likely grant you for your emotional
injuries. You are a bright individual with a lot of drive and potential. Accept this award,
move out of your mom’s house, and start over. I am confident that, in a few short years,
you will be back on track and heading toward a promising career.
Take some time to consider your options. Be aware, however, that a decision
must be filed with the court no later than Monday, March 30, 2015 at 4:00 PM. I
hope to hear from you before then. As always, please feel free to contact me with any
questions.
Regards,
Joshua Frisbie
Attorney for Plaintiff
789 Victory Boulevard
E. Lansing, MI 48823
(517) 555-5555
(517) 555-5556 (fax)