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Filed Charges
Anonymous7 views4 answers
I filed a discrimination/sexual harassment/retaliation charge with EEOC. At the mediation, the employer said the accused violated the company policy and did not break the law. How can this be?
You need an attorney who practices employment law. People in every case deny the allegations against them whether in a criminal or a civil lawsuit. I am not sure as to what you are saying about admitting violating company policy. You can violate company policy all of the time and still not be in violation of the law.
How can it be that the employer is denying what you allege? That is what they will always do and will continue to do before the EEOC and if a suit is filed.
Yes, you need to speak with an attorney that specializes in employment discrimination litigation. If you have a viable case, then they can help. if you don't have a good case they should tell you that as well. An EEOC filing does not mean "charges" and you cannot get damages even if they find that you have a valid claim. You must file a private lawsuit and doing that without an attorney is a huge mistake.
Yes, you need a lawyer. I always think it is wise to visit with an attorney who specializes in sexual harassment cases and discuss these matters in detail and get legal advice as what would be your best course of action. An attorney can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. There are no hourly fees and most attorneys do not charge anything for an initial appointment to discuss your case. I would suggest that you begin your search for an attorney on this website. There is a tab "Find A Lawyer" on the home page of at www.attorneyqna.com that will help you find a lawyer in this practice area in your locale. Good luck!
From what you have posted, it sounds like the company is contending that another one of its employees violated the companies policy, thereby limited the company's exposure, but yet did not cross the line into illegality, again thereby limiting the company's exposure. I highly suggest that you consult and retain an attorney as soon as possible since you are already at the mediation phase.