What happens if we don’t resolve anything in EEOC Mediation?
At the end of mediation if we DONT come to a settlement agreement, what will happen?
Will I continue to work for the company until further notice or after the mediation, will my employment discontinue?
4 attorney answers
If you don't resolve your case at mediation, then your charge will be transferred to the EEOC's investigative unit.
Yes, you're able to continue working at your present employer, if you so wish to do so. In fact, it may be wiser to do so, for several reasons.
If the company were to fire you soon after filing this charge, you then could add a retaliation claim.
I suggest consulting with/having an attorney represent you at this mediation. Those charging parties who go about it by themselves tend to not know case law, not know how to evaluate cases, don't put pressure on the other side to negotiate more fairly, can't estimate how an EEOC investigator would make a determination on X or Y issues (if the mediation were to reach an impasse), etc...
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.
Nothing in this post should be construed as to create an attorney-client relationship. All posts contained herein are solely the nonlegal opinions of the author and are for general discussion purposes only.
Here in Maryland, the EEOC engages in mediation on a relatively random basis before a full investigation. If mediation fails, the EEOC investigation continues forward until completion. When completed, if the case looks fruitful for the petitioner/complainant, the EEOC may engage the conciliation/settlement process. Good luck.