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  1. #1
    Join Date
    May 2015
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    15

    Default Is it in Your Best Interest to Mediate a Discrimination Complaint

    My question involves labor and employment law for the state of: Ohio. The EEOC just contacted me asking if I was willing to mediate with my past employer about my wrongful termination. They have said that the employer said they were willing to . I was then asked if I had an attorney. I am allowed to bring someone with me .Is it in my best interest to try to get an attorney .

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Request for Mediation

    In this situation, yes it sure is in your best interest to bring an attorney with you. Or at the very least, someone with extensive working knowledge of EEO law. (There are some HR consultants out there that could do this and who would be cheaper than an attorney, but be very careful and check their background and experience with EEO law very very thoroughly before selecting one to accompany you to the mediation.)

  3. #3
    Join Date
    May 2015
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    15

    Default Re: Request for Mediation

    I can only guess the employer doesn't want to be investigated and that is why they are saying okay to mediation. I was advised to think about how I would like to resolve this . would it be unreasonable to ask for a monetary settlement instead of asking to be reinstated at my previous position as if I was never terminated. This would also include my lost vacation time.

  4. #4
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    Dec 2009
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    Default Re: Request for Mediation

    This is where you need an attorney and/or a highly experienced HR consultant.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Request for Mediation

    I suggest you consult a lawyer familiar with litigating employment discrimination cases. If you have decent claim to pursue most of these attorneys will represent you on a contingent fee basis, meaning that the fee is taken as a percentage of whatever you win, so you’d have no up front legal fees. And you’d be getting someone who actually litigates these cases and has a pretty good idea of what your case might get from a jury in your state. Knowing what you might get in court litigation would then inform you as to what a good settlement in mediation might be.

    An EEO consultant might actually violate state law against unauthorized practice of law in advising you on what to do about your wrongful termination claim. Even if that is not the case in your state, the EEO consultant is not likely to work on a contingent fee basis, so you pay that fee out of pocket and the consultant may not be as well versed in what you might realistically get at trial if you sue since he/she cannot represent you in court. Indeed, if you need to go to court later you'd still need a lawyer and would pay the contingent fee for the lawyer and you’d have paid the EEO consultant, too, if you went that route.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Request for Mediation

    I recommend, in the strongest possible terms, that you take a lawyer with you.

    Your description of your alleged wrongful termination sounds very much like a legal termination to me. Whether it was or wasn't, you clearly do not possess the ability to describe it in terms that make the employer sound anything but legal. So if you want to have any hope of having anything happen but you losing the case, you need someone else to advocate for you.

  7. #7
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: Request for Mediation

    I know more than a few consultants who have enough brains and expertise to successfully take a client through an EEOC mediation without compromising the client's case and/or breaking any laws. That's why I reco'd to the OP that if he chose that route rather than an attorney, he research the consultants' backgrounds thoroughly before selecting one.

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