Hi. I have a dispute going with an employer. I have agreed to the mediation process and I wanted to know if I needed legal counsel to go with me? Has anyone been in EEOC mediation before and can tell me what to expect? Will I have to be in the room with the employer? Thanks.
Anonymous
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I have been in EEOC mediations 3 times (work related) and presently in my 4th against a former employer (still negotiating mediation date and never thought I would be on the other side pursuing any legal action against an employer. My heart goes out to you.) One of the great things about the EEOC is they legally represent you and one rarely needs to bring legal counsel. On the flip side you never know who your mediator is and if he/she is one of those who just wants to get it over with you may not get what is due to you. I am sure this was already explained to you how monetary damages are awarded, but I will explain again:
1 - The amount of time you have been out of work (if you are no longer employed with this employer). Loss of wages.
2 - If you secured another position for less pay they would have to compensate you for that loss.
3 - Is there retaliation? You will be compensated for this (damages.)
4 - Depending on the charge. You will awarded further damages (i.e., sexual harassment, wrongful termination, discrimination.) Obviously if the EEOC is mediating something happened under Title VII.
You sit in this room and the mediator gives an oversight of the charges and the reason for the dispute, and there findings (basically why you are there.)
Discussions begin on monetary damages that should be awarded. This is where it gets ugly because the employer wants to give as little as possible. Unlikely, your investigator has given you any numbers. If I had more details about your case I could give you a number of what you should expect. You have the option of saying no to whatever the number is and the reason. The mediator then goes back into negotiations with the employer. My friend who sued her previous employer received 90K. Her previous employer offered only 25K. In addition, they wanted for her to reimburse them for tuition costs but the mediator said no way. If it weren't for her illegal firing they would have benefited from her education. So that was another 10K they had to eat (in total 100K.) With an attorney here is the bad side to it. Some not only charge by the hour which is reviewing your case and preparing the argument, but also that they will receive 1/3 of your monetary compensation. I am 100% sure your employer will bring attorneys. If you want to give someone a cut of your money then get an attorney. If you do make sure he charges a flat fee to represent you and doesnt' go on with a bunch of other nonsense. There should be no reason to charge any additional fees since you already did all of the legwork and got it to go straight into mediation. If you do not want to pay anyone let the EEOC mediator handle it for you. I have an attorney and in all honesty I have done all the legwork with the EEOC, but I am still going to have to pay him. Sounds as if you have done very well on your own. Oh and one more thing. The minute you bring an attorney into it you will not be in the mediation room, but sitting outside while they are hashing out the details for settlement. Periodically the attorney will come and ask you if that amount is okay with you (the good attorneys.)
beth
Wow, you got all the way to a EEOC Mediation, without an attorney, good for you. I haven't been to an EEOC mediation, but if it is anything like an unemployment hearing, you will be in the same room with the employer.
I had an advocate that worked in the system. Ask the EEOC if they have advocates and if you can have a list. Then go down the list and call.
If you can't find an advocate. The Administrative Law Judge or Mediator will ask you questions directly. Listen closely to the questions and keep your answers short and simple and in line to the question. Or it will be asked again.
I know you must be stressing. Stay strong no one should have to go through what you have. Discrimination is illegal. Hoping the best for you.
CatLaw
I routinely do EEOC mediations. By getting into mediation you know that EEOC thinks that your case does have some merit -- not a 'you win' but a positive. The mediators are usually (in Chicago) retired judges or professional meditators.
You will be in a conference room with the other side. Usually the employer and their attorney sit on one side of the table and you (employee) and your attorney sit on the other. Most mediators will begin by asking for each side to state their case. You just tell the mediator why you feel you were discriminated against, what actions show discrimination, that you were singled out for this discrimination, and any facts which back up your claim.
The mediator will ask what you want. You should know this before you go into mediation. In the majority of cases if you were terminated you probably do not want your job back. You want to ask for what you lost due to the discrimination. It is also called a reimbursement of losses. So any wages that you lost, benefits lost that you had to pay for (medical coverage), attorney's fees, anything that you lost due to the discrimination that you can put a dollar amount on. An EEOC case at this level usually does not allow for a payment of pain & suffering, but when you add up what you lost be generous with yourself.
Do you need an attorney? Tough question for me. :) I have been in mediations where the mediator pretty much took over and the attorneys sat there making sure our clients did not say anything that would cause a problem. I have also been in mediations where the employer only agreed to the mediation to find out what my client had against him. In that one I needed to protect my client from the employer trying to get information he had to right to. It really is up to you about getting an attorney.
Some hints: Do not speak or look at the employer. You can and should address all comments to the mediator. The employer cannot ask you questions (usually) directly and you cannot ask the employer questions directly. When you go to sit at this table turn your chair slightly so that your line of sight is the meditor, not accross the table at the employer. Bring a pad of papper to take notes and a list of what you want.
Good luck.
Cleveland
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EEOC Mediation?
Hi. I have a dispute going with an employer. I have agreed to the mediation process and I wanted to know if I needed legal counsel to go with me? Has anyone been in EEOC mediation before and can tell me what to expect? Will I have to be in the room with the employer? Thanks.
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EEOC mediation gives you a great opportunity (a) to explain to your employer why you believe you were treated unfairly, (b) to listen to their side of the story, and (c) to find out if there is a way to resolve your case in a way that is acceptable to both of you. With that in mind, your opening statement should be clear, calm, factual, and non-accusatory. For example, you could say something like this. ~~~ Mr. Mediator, I would like first to give you a brief summary of what happened, who was involved, and why I felt treated unfairly. Next, I would like to listen to my employer’s perspective. And finally, I would like to discuss how this case can be resolved in a way that is fair and reasonable. Let’s begin… On January 2 John Smith, my supervisor, did/said (whatever) to me. On February 3 Mary, another employee, came to me and told me that she had overheard John complaining about me, and saying that “I needed a short leash”. And on February 5 John called me into his office and told me that, starting immediately, I should (whatever). As a result of what happened, I felt treated unfairly, and when I asked John for an explanation, he just told me to mind my own business. Two days later, I asked him again. And again he told me that he is the boss and therefore he owes me no explanation for his decision. And that’s why I decided to file an EEOC complaint. ~~~ Keep in mind two things: *** The mediator is by definition neutral and therefore cannot decide whether and how your case should be settled. That decision is up to you and your employer. *** Mediation will work only if you know beforehand how to answer two key questions that, sooner or later, the mediator will ask you and your attorney: (1) What is exactly your proposal to your employer, in order to get your case resolved today? (2) And why do you think that your proposal is fair and reasonable? I hope the above information helps.