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

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. Best answer

    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. 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. 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 as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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