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  1. #1

    Default How Does Termination Before Filing a Discrimination Complaint Affect Settlement

    My question involves labor and employment law for the state of: California
    I accused my job of discrmination and I filed a Department of Fair and Equal Employment complaint form against my employer because they discrminated against me and preffered Asian and White employees. The company did not get this form until one month after I got fired.
    the defense attorney for the company wants me to drop my case and settle because they said that the company is fully protected since they did not get my complaint form until after i got fired. Is this legal?
    I thought I had a case?
    also my atorney said I run the risk of losing if the defense proposes a summary judgment? what is that?

    thank you all!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Settlment

    What does your attorney say? What does the DFEH say?

  3. #3

    Default Re: Settlment

    If the defense attorney wants to settle, I would think that they aren't "fully protected"...or else they would just file for the Summary Judgement (you lose) and get it.

    Is your attorney suggesting you take a settlement?

  4. #4

    Default Re: Settlment

    YES! my attorney is pressuring me -i have a feeling he just wants to get rid of this case. I dont think he has read the case and I cant seem to get anyone to take it..the settlement seems very low to me..i am not being unreasonable but maybe i just want to make the people who gave me hard time squirm? maybe i just want them to go through a deposition. they made my life a living hell and complicated my health for one year before they got rid of me.

    - - - Updated - - -

    My attorney says settle..no suprise.. I beilive in my case! I dont think he does. I contacted DFEH but they havent said anything yet.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Settlment

    You're making us guess about what happened, so even if we were in a good position to second-guess your lawyer we lack the facts necessary to make any sort of helpful analysis.

    Perhaps the issue is that your termination for cause is not at issue, removing a future wage claim from the negotiation and thus severely reducing the amount you could recover in damages. (Alas, I'm guessing....)

  6. #6

    Default Re: Settlment

    If it will help this is what I do know. The form was received by the company one month after my departure. I got a copy. Now the issue of my accusation was based on the behavior (promotions, testing, pay,) of my supervisor towards the Asian and Whites only. He preferred them. I was not afforded the same privelages. He made up an excuse of why I was terminated which has changed several times.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Settlment

    Quote Quoting calinativeguy
    View Post
    If it will help this is what I do know. The form was received by the company one month after my departure. I got a copy. Now the issue of my accusation was based on the behavior (promotions, testing, pay,) of my supervisor towards the Asian and Whites only. He preferred them. I was not afforded the same privelages. He made up an excuse of why I was terminated which has changed several times.
    Once again, its difficult to second guess your attorney. How much is the settlement offer compared to how much you were paid? How many months worth of wages is it?

  8. #8

    Default Re: Settlment

    Ok the offer is coming in at 1/2 of what I was making. So about 6 months work of wages.
    Generally speaking .. will they add on the pain and suffering and the attorney fees? or is that all inclusive?

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