Iam currently working for a employer that is giving all the new people more hours than me. They are all white and to top it off my employer has derogatory comments towards a protected class such as myself on his Facebook page . I do plan on filing with the EEOC. But the question is would it be worth it and how much should I ask for in a settlement?
The answer to your question depends on a number of factors that are not provided here, such as the degree of discrimination, the duration of the discrimination, and your income level. I would recommend organizing all information relevant to your claims, and consult with an attorney individually to discuss next steps. The employer will not take you seriously until you are represented by counsel, and many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion tailored to the specific facts of your case.
I'm so sorry this is happening to you, but good for you for fighting it. You need to sit down with an employment law attorney to work out a damages estimate---there are too many variables that go into the calculation for a discussion in this forum, and you should be very careful about public posts. Gather up screenshots of the facebook posts and get copies of schedules if you can (take photos if they are posted). Then call around and talk to some attorneys.
Hello! PLEASE READ THIS. IT'S MORE THAN JUST A BORING DISCLAIMER: I hope my answer to your question helps, but please know that you can't rely on it as legal advice. Here's why: my answer would likely change, for good or bad, if I had a chance to ask you a few questions. That's how fact-specific employment law is. But I can't ask you all of the questions I need to ask you in this forum. Going back & forth with questions through Avvo is time-consuming, and more importantly, at a level of detail that you should not put in a public post. IMPORTANT PRO-TIP: Per Avvo rules, you are allowed and encouraged to call or email attorneys who answer your Avvo question. But this doesn't work both ways, i.e., the lawyers who answer your questions are NOT allowed to say "call me, I have lots of ideas and I want to help you!" Avvo will kick us off the site if we do that. [Avvo gives us no information or mechanism for contacting you aside from commenting publicly.] I can assure you, however, that if we are taking the time to answer your question, we are probably interested in talking to you. So please, follow up directly with some or all of us. Some of us may do free consults, some of us may charge a nominal fee---it usually depends on how complicated your situation is. WHAT TO DO IF A LAWYER SAYS YOU DON'T HAVE A CASE: don't let your issue drop even if everyone on Avvo says you do not have a case. You need to assume that a naysayer lawyer on Avvo doesn't have all the information, BECAUSE WE DON'T. We really don't. Fight for your rights, and don't stop until you've sat down with a lawyer WHO ACTUALLY PRACTICES EMPLOYMENT LAW (check their Avvo profile; please, I beg you), and that lawyer tells you that you do not have a case. Also, please know that I am licensed only in Illinois. So if you are not in Illinois, I am really REALLY not giving you legal advice. The massive amount of federal law I know may apply to you, but your state or city may have additional laws that protect you. I don't know a thing about those laws. My brain is packed solid with Illinois, City of Chicago, Cook County, and a truckload of other Illinois municipal and administrative employment laws---there is no room for any other state's employment laws. Heck, there is no room in my head for any other area of ***Illinois*** law---I have successfully fought my own parking tickets only because they put the instructions on the back. Consider what I have to say as potentially useful tips that you should ask about when you meet with a lawyer in your state. Good luck, and go get 'em!
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