Since punitive damages aren't awarded in federal employment cases - how can I negotiate the maximum settlement amount?
Atlanta, GA |
I nearly died because retaliation and hostile work environment. I have a severe physical illnesses from last year and had a stroke this year, I am also being treated for emotional issue causes by sexual harassment in the workplace.
It would be in your best interest to retain an attorney in this matter, if you do not have one. No one on this site have enough information based on your posting to provide you with a proper answer to your question.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
Every case must be tailored to its specific facts; there is no set method for negotiating the best settlement. That said, there are some constants. One is that the employer must believe that settling with the employee is in its own interest. A major way to get an employer to understand this is to have an attorney. Without an attorney, you are no threat to the employer because it can, and will, outsmart you. It has decades of experience at its disposal and you do not. Don't do this alone.
You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
This is where having a qualifed employment law attorney can make a real difference: achieving the maximum financial result in an employment case. You would benefit from a consultation with an employement law attorney. A good source of employment lawyers in Georgia is www.nela-org. good luck.