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What is a reasonable amount to ask in a discrimination/retaliation lawsuit?

Cambridge, IL |

i worked for a huge construction co for 18 yrs. my supervisor sent me a naked pic of himself head to toe. i told the hr & was told a wk later i no longer have a job. this boss continued to work for the company for another year until he quit. eeoc wants me to give a number to try settle my case. i feel i no longer have a career because i am labeled for telling. i have been off work for 1 & 1/2 yrs.

i also have a 14,10,&4 yr old girls i will need to put through college.

Attorney Answers 4


  1. You should contact an employment attorney to help you negotiate a settlement. Companies are stingy when they know you are not represented. Though an attorney will take a percentage, you will likely still get much much more in your pocket then if you negotiate on your own. If you would like to discuss, feel free to email me at mhanna@forthepeople.com


  2. It is difficult to say without knowing all the facts. There are many factors involved--how much you were making, what type of distress you suffered, how good your work performance was, how big the company is. As the other lawyer stated, you should definitely consult an experienced employment lawyer, who may be able to help you get more than you could alone, even after fees. Many of us, myself included, will provide a free consultation.

    This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.


  3. You can start with the basics for your losses. What where you past losses from employment? Wages and benefits. What are your future losses? Wages and benefits. Subtract any government benefits you received. After that you can add the amounts that are allowed by law. Also, how long do you think you will work for? Use the age your parents worked until for a good relationship to your ability. There is much more to this, but this will get you through the basics.


  4. You can hire a lawyer or forensic economist for the limited purpose of putting together a damage estimate for you on a spreadsheet. If you have doctor bills as a result of getting fired, show the lawyer those.

    You can also go online and have a jury verdict and research service pull cases for you in your jurisdiction.

    If you filed with the EEOC under federal law, your damages are capped. You may have better luck under state law.

    You can pay a lawyer by the task or by the hour for advice, or even get a free consultation. I would not do a construction job or a brain surgery myself, so why are you doing a very complicated task by yourself?

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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