I filed a charge with the EEOC and was invited to mediation. Mediation negotiations fell through because I felt the employer wasn't being reasonable. They went up on their offer twice but still didn't even come close to half of what I thought was fair. I have been out of work for 6+ months and even though I am still legally employed with them, they say they don't want me back. What should I ask for since they have asked the mediator to keep negotiations open for a bit longer. Or should I just let it go to the investigator and ultimately to court?
Administrative Law Lawyer
You are the only person in the medication room without a lawyer. What kind of sense does that make?
No one here has a clue about the strength of your case. It could be worth a quarter of a million -- or it could be utterly worthless. One way to find out: consult with a skilled and experienced attorney.
You can't discern anything worth knowing from the fact that the employer was willing to participate in mediation. That may be a business decision designed to test whether the matter can be resolved for nuisance money --chump change.
A lawyer can identify for you the strengths and weaknesses of your case and use other recent case results in your jurisdiction as a measure for a fairly accurate assessment of the value of your claim.
And then there's the matter of winning that realistic value...again, you need a lawyer.
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Employment / Labor Attorney
If you are not currently represented by an attorney, you should consider discussing your matter with an employment lawyer in you home town (Portland, OR). An employment law attorney will understand your EEOC charge and he/she will be able to give you advice regarding what would be a realistic settlement amount. In addition, your attorney can guide you through the appropriate language to put into the settlement agreement.