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If I signed settlement via EEOC mediation process can employer still terminate my employment? If so, can I sue for retaliation?

Paterson, NJ |

I'm still employed by wanted to know if I reach settlement with employer via EEOC mediation process can employer terminate my employment after settlement is signed ? If so, can I sue for retaliation?

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Attorney answers 3

Posted

It would depend on the employer's reason for terminating you. Even after you settle an EEOC charge, your employer could lawfully terminate you for a variety of reasons, e.g., poor performance, poor attendance, lack you work. However, terminating an employee shortly after that employee has engaged in the EEOC process does create a risk for the employer, precisely because of the possibility that the termination is retaliatory.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

Posted

You may have a claim. Consult your specific facts with an attorney.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

Posted

It depends on the circumstances. The fact that you filed (and are about to settle) a claim through the EEOC does mean your employer cannot fire you no matter what you do. For example, the weaker the company's justification for firing you and the closer in time between the settlement and the decision to fire you, the more it would seem like retaliation. It sounds like you should meet with an employment lawyer to discuss the facts in more detail.

My answer is based on the limited information provided in the question, and should not be considered legal advice. If you are looking for legal advice, you should contact an employment attorney. The Nirenberg Law Firm, LLC represents employees in New Jersey and New York. Please feel free to call us at (201) 487-2700.