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How do I determine what a reasonable settlement offer is for an unequal pay/ retailation/ constructive discharge complaint?

Philadelphia, PA |

I filed an unequal pay complaint in July against my employer on the basis of race and gender. Two weeks after being served the complaint, my employer retaliated by changing my schedule to days and hours he knew I could not commit to. They forced me to quit and tried to write me up after I resigned. I am at the point of settlement with the Commission. What is a reasonable offer? One year pay? Two years?

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Attorney answers 2


For what you describe, there is no strict formula for determining what is a fair settlement offer. Otherwise, all settlement negotiations would be relatively easy once liability is established.

You should consult with your attorney as to what would be reasonable under the circumstances. One informal question you should ask yourself is what would it take to make you feel "whole" again.

DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.


How many years you were there? What is the timeline between the complaint and the subsequent acts of retaliation? What is your salary? I simply have too many questions but you can start with those.