Employer wants to settle but I am unsure of what amount to ask for after first offer rejected.

Asked over 1 year ago - Lithonia, GA

The EEOC found cause in my age discrimination in hiring case and valued my case at $50,000. The employer wants to settle before the 90 days. I don't have an attorney and I asked for $17,500 to settle. The employer says thats too much without an attorney and offered $3,500. He doesn't have an attorney either. He awaits my counter offer in which I am unsure of what amount to ask for. Any suggestions appreciated.

Attorney answers (3)

  1. Thomas Richelo

    Contributor Level 14

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . I assume from your scenario that you are not willing to accept the $3,500. Your options are to negotiate further yourself or hire an attorney to assist with that. An attorney on your side shows the employer that you are willing to bring suit if a satisfactory settlement is not reached. If you would like you can contact me about this. I may be able to help you or find another attorney who can. Under the circumstances, it seems that an attorneys' assistance would be worthwhile.

  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . You either have to go it alone, or hire a lawyer. You won't likely find a competent lawyer willing to guide you through settlement discussions knowing nothing about the case and not getting paid for it. Either settle on something you can be happy with (even though it may not be all you can get), or hire a lawyer. If you are hiring a lawyer, make sure it is a lawyer who primarily handles employment matters (not bankruptcy, personal injury, real estate, other types of litigation, etc.) - it'll be clear from websites and profiles. A lawyer will, of course, get a cut from the settlement so keep that in mind (but a good lawyer can get a better settlement, and maybe even could have gotten a better result from the EEOC).

  3. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . The amount offered by your employer makes a plain and unambiguous statement that the employer has categorized your claim as a nuisance -- not a significant legal problem. That can be very difficult to unwind. Employers don't put much credence or value in the EEOC's value or recommendations, so realistically you are $14 grand apart. An attorney will want a third at least of whatever can be squeezed from the employer. Maybe an attorney can get the employer up to $10 and then you get 6 or 6 and a half. But maybe the employer will stick at 5 and then you get less than you could have had today.

    No one here knows the facts of your case, so there isn't much real value that can be offered. It might have been wiser to have an attorney steering the claim from the get go.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,779 answers this week

3,373 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,779 answers this week

3,373 attorneys answering