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Employer asked EEOC to call me about my discrimination claim. Is this mediation?

Atlanta, GA |

I filed a complaint for age discrimination in hiring with the EEOC a few months ago. I agreed to mediation with the EEOC and so did the employer. I have a witness that the hiring manager used ageism at my job interview and another witness that was hired for the position that is 20 years younger than me and less experienced.

The employer asked the EEOC mediator could he contact me by phone to reach a potential resolution and he left me a message today to call him. Is this considered the mediation itself? Should I ask for settlement in this phone call? I no longer live in the city where the job is, so I am not interested in it even if they offered it. Thanks so much.

Attorney Answers 2

Posted

In this situation, it is somewhat unusual for the employer to be contacting you directly. This is NOT the mediation, but perhaps an effort on the part of the employer to settle the matter with you outside the EEOC mediation process. You are free to see what the employer has to say, if you want to hear its offer. I recommend you consult with a local attorney with experience in this area, and that you proceed with the EEOC mediation, unless of course, you are now living a distance away from the EEOC handling the claim. Good luck.

This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-client relationship with the reader.

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4 comments

Asker

Posted

Thank you so much. It is the Atlanta EEOC office handling this actually and the mediator has given the HR manager the go ahead to call me. I just wanted to make sure that by talking to the HR manager I don't forfeit my right to mediation as planned.

Dean Richard Fuchs

Dean Richard Fuchs

Posted

No, you do not forfeit your right to have the mediation, but remember, mediation is voluntary, and both sides must agree to it. So, if you speak with former management, and they decide they no longer wish to mediate the claim, they can withdraw from the mediation. Regards, Dean R. Fuchs* drf@swtlaw.com<mailto:drf@swtlaw.com> Schulten Ward & Turner, LLP 260 Peachtree Street, N.W. Suite 2700 Atlanta, GA 30303 (404) 688-6800 (404) 688-8277 direct line (404) 688-6840 facsimile * Mr. Fuchs is a registered Mediator and Arbitrator in Georgia and is available to mediate or arbitrate employment disputes. Note: In the absence of a signed letter of engagement or a contract of representation, no information contained in this email constitutes an undertaking of representation or an expression of a binding legal opinion. Further, unless your name or email address appears in the "to" or "cc" line of this email, you are NOT an intended recipient. In the event that you receive such an email, please contact me at the address above, and destroy the transmission. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. P please don't print this e-mail unless you really need to.

Asker

Posted

I see. If they withdraw from mediation, then I will request a right to sue letter from the EEOC and move forward with the case. Thank you for your comments and contact information. If necessary, I would like to discuss potential representation with your firm. Can I send you an email?

Dean Richard Fuchs

Dean Richard Fuchs

Posted

Sure, you can call me. Just because employer withdraws from mediation (if that occurs), does not mean you should immediately request a notice of right to sue. You may wish to consider waiting at least 180 days from the date you filed the Charge, since by law, EEOC has that long to conduct an investigation. Dean R. Fuchs* drf@swtlaw.com<mailto:drf@swtlaw.com> Schulten Ward & Turner, LLP 260 Peachtree Street, N.W. Suite 2700 Atlanta, GA 30303 (404) 688-6800 (404) 688-8277 direct line (404) 688-6840 facsimile * Mr. Fuchs is a registered Mediator and Arbitrator in Georgia and is available to mediate or arbitrate employment disputes. Note: In the absence of a signed letter of engagement or a contract of representation, no information contained in this email constitutes an undertaking of representation or an expression of a binding legal opinion. Further, unless your name or email address appears in the "to" or "cc" line of this email, you are NOT an intended recipient. In the event that you receive such an email, please contact me at the address above, and destroy the transmission. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. P please don't print this e-mail unless you really need to.

Posted

Mediation is usually done in person, with a neutral third party called a mediator. The mediator is usually a lawyer or retired Judge.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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3 comments

Asker

Posted

I thought so. That's why its strange to me that the EEOC mediator approved the HR director (regional) to call me.

David Andrew Mallen

David Andrew Mallen

Posted

Even if a mediation is scheduled, no rule or regulation prevent the parties to talking with one another directly. If you want to be safe, tell your ex-employer to put whatever he wants to offer in writing.

Asker

Posted

Sounds good to me. Thank you Mr. Mallen. ----- Original Message -----

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