Skip to main content

Should I go to court or accept mediation for an employment discrimination complaint?

Nantucket, MA |

I am a permanent resident of the United States pending full citizenship. I went to work for brief temporary employment a company. When a full-time permanent position opened during this time I was told that the manager was thinking of another individual to fill the job. I went back to my regular job. They hired two white people to fill the job. The company then asked me to work two more times temporarily before asking me to come work for them. They did not say as a permanent position and when I agreed they kept me as a seasonal employee without holiday or vacation or benefit package that permanent employees receive. After filing a complaint they have given me a permanent position and offered me a small settlement. I refused the settlement and the company has now requested mediation.

Attorney Answers 4


Speak to lawyer.

henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Mark as helpful

1 lawyer agrees


You need a lawyer to represent you in this matter. A good employment lawyer will be able to evaluate how much you would get if you went to court and whether the settlement is enough to make it worth your while to not go to court. Also, a lawyer may be able to get you more than you could get on your own. Please call me if you would like to discuss your case.

Mark as helpful

6 lawyers agree


Based upon the facts you have provided, there is not enough information to form a solid analysis of your claim. You should consult with an experienced employment discrimination lawyer in Massachusetts who is familiar with MCAD proceedings and can advise you as the likely success of your case should you either not attend the mediation, or not accept a settlement at that stage. Additionally, it is not clear from your facts if the case is still at the MCAD, EEOC or in state or federal court. The venue that you chose can have a great impact on your case and you need to speak to a lawyer who understands this.

Mark as helpful

5 lawyers agree


Unless the company had you sign an agreement to arbitrate or mediate any employment claim, you are not required to mediate anything, or settle for less than you believe is the correct value of the case. You do not say where you filed a complaint. The Massachusetts Commission Against Discrimination (MCAD) has a mediation/conciliation option which occurs before full litigation begins. I assume the employer made the offer as part of this process. You should ask an employment lawyer to review your complaint and analyze the existing offer. You do not want to sign away all your rights without making a fully informed decision. As the saying goes: Don't leave money on the table.

This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Mark as helpful

2 lawyers agree

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics