My EEOC attorneys will not me communicate and accept a settlement offer that my former employer offered. What can I do?

Asked over 2 years ago - Independence, MO

I am in a disability suit with the EEOC. I did not retain a lawyer because I thought that is what the EEOC did. Now my former employer is offer a settlement that I would like to take but the EEOC attorneys want more and won't accept even though I have told them over and over that I would. They tend to leave me out of conference which I find out about later. I now am scheduled to go to court which I am not happy about. Who can I get a hold of or what are my rights?

Additional information

The trial is in less than two weeks. Can I still retain and attorney and how much will they take of the settlement.

Attorney answers (3)

  1. Jonathan D. McDowell

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Your rights are determined by the issue you have. I'm assuming that you have been discriminated based on your disability and your employer violated the Americans with Disabilities Act (ADA) among other acts. You also have the right to take the settlement you're willing to take. But unless you plan on representing yourself in the suit, or settlement negotiations, it could seem like the EEOC attorneys are usurping your rights.

    You need to retain your own attorney. Normally, switching attorneys requires a withdrawal of your current attorney and an entry of your new attorney. The EEOC attorneys are technically representing the EEOC and the EEOC is advancing your claim. Because of that, you're only need of an attorney that will enter their appearance.

    We do employment discrimination throughout Missouri and adjoining state (Arkansas for example). If you would like a free consultation, please call us at 816-283-3535.

    Because the trial is so close, you need to contact an attorney as soon as possible to give them at least SOME time to prepare, or request a continuance.

    Hope this helps,

    Jonathan

  2. Andres Rivera-Ortiz

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . Get an private attorney to help you. As a former federal attorney for the National Labor Relations Board, I can tell you that a federal agency like the EEOC will have certain parameters to determine wheather they will accept a settlement offer. Although you are willing to settle, these are government attorneys and they are not only representing your interests but also those of the public, so to speak, when they move to enforce a federal law. There may be a number of things that is preventing them from accepting the settlement that the Employer is offering. ( just as examples: not enough $, Employer does not want to post a notice required by the EEOC as part of settlement, etc etc. ) What you need is your own attorney that only has YOUR interests in mind, and who can, perhaps, convince the EEOC to settle as you wish. Check out the NAtional Employment Lawyers Association website ( goggle NELA) for attorneys that represent workers. They have a feature in their website that allows you to search their members in yourn area. Good luck

    Legal disclaimer: This response is meant to be information only and should not be considered to be legal advice.... more
  3. Melissa D. Lenhard

    Contributor Level 13

    Answered . I recommend that you hire your own attorney. I agree with Attorney Rivera-Ortiz that, while the EEOC is representing you, they also have other considerations when negotiating a settlement. A privately retained attorney has no other agenda but to zealously represent your best interests.

    You can find employment attorneys on Avvo, through NELA (http://www.nela.org/NELA/index.cfm) or through the Kansas City Metropolitan Bar Association (http://www.kcmba.org/).

    I wish you well.

    This response does not create an attorney-client relationship and is not intended to provide legal advice for your... more

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