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CA - PLS? how to justify Settlement amount? negotiations

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  • CA - PLS? how to justify Settlement amount? negotiations

    I would be so grateful for ANY guidance or advice here? they want to settle now?

    My ex-employer's atty called me and wants to talk settlement? She said my Demand Letter amount was too high, so they ignored it, now that EEOC has launched a full investigation though - she is very polite and wants to talk. The thing is that my initial Demand Letter is actually low in hard numbers of what they factually ripped off from me.

    How to start settlement talks? How should I begin negotiations?


    HISTORY I am suing my ex-employer for discrimination. I was the single person to originally apply for the position. Eventually I was told I am not a "good ole boy", so thats why I am treated differently and when I balked about it - I was terminated given a reason as "low sales forcing the Company to eliminate my position" - meanwhile my sales had more than doubled while my co-workers sales had been completely lost almost entirely. I has just closed the MOTHER of all accounts that I had been working on - that would have immediatly doubled my salary and would have produced long term residual commissions.( All of this is documented) The Company then turned around and re-opened my position and hired - you guessed it "A good ole boy" to take over on my accounts that I brought in.

    The Company has been devil'ish in their dealings with me - they initially ignored the requests by EEOC to mediate - they have been difficult for EEOC to work with. THE EEOC HAS LAUNCHED A FULL FLEDGED INVESTIGATION -

    I have had several attorney look at the case and they say its worth high six to low seven figures - BUT every atty I talk to is overwhelmed with cases of Companies laying off "certain classes" of workers. Also, I would have to do depositions across the country. Long headache....


  • #2
    Your attorney would be the best person to advise you on this matter.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      I haven't hired an attorney.... I have seen several attorneys who say this is a strong case - but are reluctant to take the case because depositions would be very costly due to the location of the company headquarters being literally across the country.... Also every single attorney I have seen has said that they are too overwhelmed with "age discrimination cases" in California probably due to layoffs....??? not sure

      Comment


      • #4
        We would be remiss to try to advise you. Sorry, but this is WAY more complex an issue that can be addressed in a general legal information forum; we know NONE of the details (and don't want to, actually).

        How about the nearest law school for attorney recommendations who may be taking new clients?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Hi Tinker

          I basically agree with the advice above, that an attorney would be the best source, if you can get one. I myself won a substantial 5 figure settlement without an attorney, despite my case being rejected by the EEOC. And despite my efforts I was rejected by circa sixty attorneys. But I also know that lawyers can be walking, talking hot-air balloons. Believe me, if they thought your case was worth high 6 or low 7 figure amounts seriously, they would be lined up around your block. I would give infinitely more stock to a lawyer who takes your case. With the EEOC, who I have had extensive dealings with, I can state that a “full investigation” is not necessarily intimidating to any business. The EEOC’s efforts are only as good as the commitment of their investigators investigating your case. And from my experience, I found them seriously wanting. But that was only my experience, though I would be remiss if I didn’t’ say that the EEOC will defend their investigator’s malfeasance and corruption like any private company, i.e. with unconscionable zeal. As a cautionary tale see my website, www.eeoc-corruption.com .I’m stating this so you won’t put all your hopes in one basket. My final word is: if you can’t get a lawyer, decide what settlement you can live with. Because if the EEOC rules against you and you are representing yourself, no matter how brilliant you do it, my well-documented experience is that the courts are extremely prejudice against people who represent themselves. Good Luck!

          Comment


          • #6
            If you're in California, how come you didn't go to the DFEH?
            "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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            • #7
              Hi MCarson87

              I’m assuming the question was addressed to me. In fact I did and gave an account of it at my website. I stated that, “Actually, instead of the California Labor Commission, I needed to go to the California Department of Fair Employment and Housing. At the meeting, the caseworker was a black man with a heavy accent that I recognized as actually being from Africa. He told me that my claim would not be investigated. I asked him point blank that I was terminated two days after a formal hearing at Bingham McCutchen where I stated that I was being racially harassed and that wasn’t a good cause for investigation? This caseworker wouldn’t answer my question but only said I could appeal it and also file with the EEOC. This may be a presumptuous judgment on this person but I don’t believe he thought any white male could ever be justified under any circumstances to make a racial harassment complaint.” In fact I did appeal to the EEOC and the EEOC investigator denied my claims and gave me a right to sue letter for both my cases. One with Bingham McCutchen that stated the cause was because I was yelling like a maniac at the 26th floor at this “termination” meeting. And another with my temp agency, who hired me for this job, that stated I was yelling like a maniac at the 18th floor at my co-workers, which a Bingham employee claimed was the cause to this temp agency. In fact if you go to my website you will see one of the most obvious frauds imaginable, where the temp agency 4 ½ months later took these time logs and inserted them into the day I was terminated that the EEOC investigator had to know about. And how I could have been yelling 8 floors apart as the cause of termination by the same EEOC investigator is another one of those great mysteries. (Or my simple answer is that the EEOC investigator was corrupt and probably took a bribe.) It was the fraud evidence alone, I believe, that got me this settlement.

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              • #8
                I think it more likely that the question was addressed to the OP, not to you, heliocen.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  Same difference

                  Unless OP worked for the feds, this person would have had to have been rejected by the DFEH in order to appeal to the EEOC. That's the way the process works in California.

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                  • #10
                    Clarification

                    Actually upon reflection, there is a scenario that OP could have gone directly to the EEOC. In California the DFEH and EEOC have a work-sharing arrangement for overlapping complaints, so I guess it is possible OP could have gone directly to the EEOC without the DFEH. Maybe OP could clarify this in his or her case. Nonetheless, I think my case is worth a quick read for anyone who contemplates filing a discrimination case. I don’t believe I am the exception when I state that there are allot of shenanigans that are played at the expense of workers so being forewarned is being forearmed.

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                    • #11
                      I think its important to touch base again in case someone doing research can get a feel for how things are happening...

                      I CAN and DID go directly to the EEOC. At the time the EEOC found that there was enough information to "merit and investigation". That was (as you can tell) a heck of a long time ago... I was just informed on friday that the investigation was JUST NOW concluding and would be sending out a "determination letter". SO hopefully I will finally have some determination now (2 years later) from the EEOC by the beginning of next year.

                      IF and I know that EEOC seems really tough to prove these case but IF I receive a letter the determines "Probable Cause" I would HOPE that the EEOCs invetsigation would prompt an attorney to be much more likely to take on my case at Conciliation AND OR a trial.

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                      • #12
                        Note new thread started by OP - http://www.laborlawtalk.com/showthread.php?t=277843.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment

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