Apple is one of four Silicon Valley companies that are defendants in a federal anti-poaching class action case.
NEW YORK (CNNMoney)
"The tentative settlement, if it stands, amounts to big profits for plaintiffs' counsel, insulation from real liability for the defendants and locks in significant losses for the [affected tech workers]," Michael Devine wrote Sunday in a letter to the judge overseeing the case.
At issue is a proposed $324 million settlement in the lawsuit against Silicon Valley tech giants. A class of 64,000 tech workers say the companies conspired to not make job offers to one another's employees.
The improper anti-poaching agreement significantly reduced wages in Silicon Valley, the suit alleged.
Last month, Apple (AAPL, Fortune 500), Google (GOOGL), Adobe (ADBE) and Intel (INTC, Fortune 500) reached a tentative settlement.
Devine, one of the named plaintiffs, argues that total lost wages could come to $3 billion. That comes to an average of just under $500,000 for each of the 64,000 plaintiffs.
Devine did not immediately respond to a request for comment, but he posted a copy of his letter to the judge on his website. The New York Times reported on the letter earlier Monday.
The plaintiffs' attorneys have yet to file for their fees as part of the settlement, but they argued in filings that the court typically awards law firms 25% of the settlement amount. That could leave each of the 64,000 plaintiffs in the case an average of less than $4,000 each in damages.
Related: Silicon Valley giants settle poaching case
Devine compares the settlement to a deal that would let a shoplifter who stole a $400 iPad pay only $40 and keep the iPad, without admitting wrongdoing or getting a mark on his criminal record.
He asks that the case go to trial later this month as it was scheduled to before the tentative deal was announced on April 24.
"Please, Your Honor, allow us our day in court," he wrote in his letter.
Spokespeople for Lieff Cabraser Heimann & Bernstein and the Joseph Saveri Law Firm, which represented the plaintiffs, did not immediately reply to request for comment. Neither did the tech companies named as defendants.
First Published: May 12, 2014: 9:40 AM ET
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