Mediation is a good faith attempt by both sides to resolve an issue. You have no obligation to settle at mediation. Generally speaking, if you reach an impasse and no settlement is reached, you are right back where you were immediately before the mediation. You'd still have an open EEOC charge and a pending claim. You would benefit greatly from having a labor and employment attorney review your case and assist you with the process. You do not have to quit your job just because you filed a charge of discrimination. If your employer fires you because of the charge, you may have an additional claim for retaliation. Keep in mind a very important deadline clock starts ticking once you receive a right to sue letter.
Based on what you have posted, you would be wise to consult with an Employment Attorney licensed in the State of California. Only through a thorough review of the facts will an attorney be able to advise you about a potential claim. Best of luck.
Many employment attorneys take cases on contingency. As suggested above, use the "Find a Lawyer" function on this website. Good luck.
There is nothing illegal about instructing an employee not to speak to someone. Whether or not the employee follows the instruction is up to them of course. If you believe you have a claim relating to your termination you should not delay in contacting an experienced employment attorney for a consultation.
I agree with the other answer in that your situation involves a bunch of variables and would be best examined by an attorney through some kind of in-person consultation. A lawyer may also be able to help you obtain the information you need from the psychologist.
Service on the attorney should be sufficient - after all, the attorney represents the respondent. Bring a copy of the "greencard" and proof of delivery with you to any hearing so that you will be prepared if the issue comes up.
The fastest way to have this dispute resolved is by filing a wage claim through TWC. See the link below:
Most employment cases are taken under a contingency fee agreement. That means that the lawyers do not get paid unless the case settles or you receive a judgment in your favor. As attorneys, we have to properly evaluate cases to determine whether we can actually help our clients. This involves making a careful review of the facts and circumstances surrounding your case. If you have actually contacted every attorney on Avvo and in the yellow pages, and you are having difficulty finding one willing to take your case, that probably means the merits of your case are questionable or perhaps nonexistant. No attorney is going to recommend that you pursue a case you cannot win.
Like the other lawyers who answered, the immediate thought here is, "what are you trying to appeal?" Appeals have strict procedural and formatting rules, are labor intensive, and require thorough knowledge of the facts and the applicable law. It is unlikely you would be successful without the help of a lawyer experienced in appellate law.
To answer your question: The clerk's record is a certified copy of everything that has been filed in the case - from pleadings to orders. The reporter's record is a transcription of everything said in open court when the court reporter was present and transcribing.
I agree the two other responses mentioning a TWC wage claim. In this particular situation, if you have unpaid wages you may be able to recover those wages with the assistance of TWC. Careful documentation and support of the money owed to you will be very helpful in assisting TWC with this claim.