I was employed for 13 years.. was the only black person in the office for 10 of those 13 years. I was released from my job for no reason except " a sign of the times". I was let go with out any prior incidents ie. nothing in my employment jacket..no write ups, reprimands, etc. and I was the second person hired in the company est. 1997.
I was a coordinator..then advanced in the company. I became a school program manager and all other managers did not have to punch in, we were all salary..but i was the only one required to punch in and out.
I requested a medical leave for foot surgery and was denied informed that I should use my vacation time, which required me to return earlier than allowed by my doctor. Where as another manager was allowed time off for a female surgery using medical leave
Unfortunately, you are unlikely to get a settlement at mediation on a case of this type without an attorney. If you do because the employer is concerned, you probably would have received a better settlement with an attorney. P.S. As for your foot surgey time off, if they employer had at least 50 employees within 75 miles and you worked for the last year and 1250 hours in the last year you were entitled to family and medical leave. This might be another federal claim you may have available to you.
Do I need an attorney for an EEOC mediation?
In nearly every case, yes, you need your own attorney. A mediator for the Equal Employment Opportunity Commission (EEOC) www.eeoc.gov has one client — the United States of America. The EEOC is not your representative. Some EEOC mediators are great and will do their best to protect you rights even though they are not your advocate. Some EEOC mediators stink and care more about closing the case than they do about the equities involved. Most EEOC mediators are not attorneys.
The EEOC will only consider issues that pertain to laws under its jurisdiction (those are the laws the EEOC enforces, such as discrimination laws) but will not consider such things as employer liability under state law (which in some states, like California, is substantially more than under federal law), mutuality in the settlement agreement, circumstances under which you would have to return the money, the language of the settlement agreement (which could have all kinds of "gotchas" that the EEOC doesn't notice or doesn't deal with) and more.
The most typical EEOC mediations are for cases with a low value, though some higher-value cases end up there. But usually a charging party with a good or substantial case will retain his or her own attorney.
The employer most likely has an attorney or has consulted with its attorney. Even if the employer doesn't have an attorney, it usually has human resources personnel who have been down this route before and know far better than you do how to use the system to its own advantage.
Without an attorney, the employer probably won't take you or your case seriously, and may be able to take advantage of you. No one is watching your back if you don't have your own attorney.
It is nearly always the case that a charging party will do better overall with an attorney, even taking into consideration the attorney's fees portion of the recovery.
Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney.
To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.
Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.
Do I need an attorney for an EEOC mediation?
In nearly every case, yes, you need your own attorney. A mediator for the Equal Employment Opportunity Commission (EEOC) www.eeoc.gov has one client — the United States of America. The EEOC is not your representative. Some EEOC mediators are great and will do their best to protect you rights even though they are not your advocate. Some EEOC mediators stink and care more about closing the case than they do about the equities involved. Most EEOC mediators are not attorneys.
The EEOC will only consider issues that pertain to laws under its jurisdiction (those are the laws the EEOC enforces, such as discrimination laws) but will not consider such things as employer liability under state law (which in some states, like California, is substantially more than under federal law), mutuality in the settlement agreement, circumstances under which you would have to return the money, the language of the settlement agreement (which could have all kinds of "gotchas" that the EEOC doesn't notice or doesn't deal with) and more.
The most typical EEOC mediations are for cases with a low value, though some higher-value cases end up there. But usually a charging party with a good or substantial case will retain his or her own attorney.
The employer most likely has an attorney or has consulted with its attorney. Even if the employer doesn't have an attorney, it usually has human resources personnel who have been down this route before and know far better than you do how to use the system to its own advantage.
Without an attorney, the employer probably won't take you or your case seriously, and may be able to take advantage of you. No one is watching your back if you don't have your own attorney.
It is nearly always the case that a charging party will do better overall with an attorney, even taking into consideration the attorney's fees portion of the recovery.
Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney.
To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.
Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.
