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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default EEOC Mediation

    hello all newbie here. i am scheduled for mediation on the tenth with my former employer whom i am suing for defamation of charcter and retalitory descrimination/wrongful termination. to make a long story short i was fired from my job as a truck driver because a customer said i was rude. my boss called me into the office and fired me on the spot. then wrote some really bad lies to the employment security commision, so i wouldnt be able to draw unemployment. well i appealled and won my unemploymnt benefits. they were caught in some right out lies. i drew for na week before i found a job. also i was subjected to racial jokes on a daily basis about blacks, hispanics, etc. the hispanic jokes really bothered me because i have neices and nephews who are of spanish decent. i simply just stayed away from everyone . they were all in on it from the plant manager all the way down. i had no on to complain to . so i kept to myself. anyway i am suing through the EEOC I GOT A CALL THE OTHER DAY AND WAS ASKED IF I WOULD BE INTERESTED IN MEDIATION IF MY EMPLOYER AGREED(WHICH I KNEW THEY WOULD) SO IT IS SET FOR THE 10 TH. I DONT REALLY KNOW HOW THIS MEDIATION WORKS BUT I THINK IT IS A WAY TO TALK THINGS OUT AND TRY TO COME UP WITH A SETTLEMENT , WITH OUT GOING TO COURT? I KNOW MY FORMER EMPOYER WOULD LIKE TO KEEP THIS AS PRIVATE AS POSSIBLE. #1 THEY HAVE ALREADY LOST ALL CREDABILITY BY BEING CAUGHT IN SEVERAL LIES WHEN I APPEALED AND WON MY UNEMPOYMENY BENEFITS ALSO WE ARE LOCATED IN DALTON .GA. WHICH IS ABOUT 50-60% HISPANIC. AND FOR THEM TO NOT HAVE ANY HISPANICS ON THEIR PAYROLL IS GONNA BE HARD TO EXPLAIN. IT WOULD HURT THEM TRMENDOUSLY! I WAS GONNA ASK FOR A YRS SALARY(ITS BEEN OVER A YEAR SINCE I WAS TERMINATED) ABOUT 35,000 FOR THE WRONGFUL TERMINATION. AND FOR THE HOSTEL WORK ENVIRONMENT DUE TO THEIR RACISM I WAS GONNA ASK FOR 20,000. WHAT DO YOU GUYS THINK? ANY RESPONSE WOULD BE APPRECIATED.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: EEOC Mediation

    Here's information about the mediation program. Most cases resolved through mediation do not involve monetary compensation.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,177

    Default Re: EEOC Mediation

    "THEY HAVE ALREADY LOST ALL CREDABILITY BY BEING CAUGHT IN SEVERAL LIES WHEN I APPEALED AND WON MY UNEMPOYMENY BENEFITS "

    The unemployment process is totally separate from the EEOC mediation/complaint process. Neither are usually willing to use information gleaned from the other. Sometimes the EEOC will take into account what was said, but not always. They are two totally separate entities who do not enjoy working together that I have seen.

    That said, I am a bit confused. Are you Hispanic? If not, that will hurt your case. Also, if you never complained and never told them it bothered you, that will also hurt your side. In most cases, the EEOC does want to see you give them a chance to change. Also demographics of the town don't always matter. I fought a case where we had 85% Hispanic workers in a 70% Hispanic town and we were still looked at to see if we had discriminated against the specific complaintant. The employer would just have to be able to prove there was another reason why any Hispanics applying were not qualified.

    I agree with Mr Knowitall in the fact that not every mediation ends with a monetary settlement. But also realize that not every mediation ends in a settlement at all. Sometimes it is just a chance for both sides to "size up" the other. To see what they have to present.

    Just because mediation is happening does not mean that the EEOC thinks the employer has done anything wrong. It is just the very first step of the process. If mediation is not successful, then they move into their investigatory stage. Even then, the discrimination has to be pretty blatant for the EEOC to take up the case on your behalf. What usually happens is if they think there is any type of evidence, they will issue you a "right to sue" letter and you will personally have to find a lawyer who is willing to take the employer to court for you.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: EEOC Mediation

    Your settlement proposal is completely unrealistic. You are at the first step of a confidential administrative process and a long way from going to Court and a lawsuit. Your employer knows that the odds are in its favor that neither you nor EEOC will take this matter to court.

    The laws that EEOC enforces don't prohibit defamation of character or wrongful termination, so it's unlikely that your employer will consider those matters in mediation discussions.

    If I understand you correctly, you never informed your employer that you found the "racial jokes on a daily basis about blacks, hispanics, etc." unwelcome and offensive. You don't have to be black or hispanic to find the comments harassing. However, you do have to put the employer on notice and give it an opportunity to correct the situation, if it existed. You don't do that.

    Since your EEOC charge is about your termination, it is unlikely that EEOC will ask your employer about it's hiring practices or really care about them. That your employer doesn't have hispanic employees doesn't help your case. You aren't hispanic and you were employed.

    You haven't indicated the basis for your discrimination/retaliation charge, but nothing you have provided suggests that your termination violated any of the federal EEO laws. Even if you weren't rude to the customer and can prove it, that is not sufficient to prevail under the federal EEO laws. It has to be shown that the employer lied so it could discriminate against you on a protected basis.

    Many employers will settle if it's cheaper for them to do so that to proceed with the EEOC charge process. What you propose is not cheaper. Should EEOC find discrimination, and it finds discrimination in only about 5% of their 70,000+ annual resolutions, it would only require your employer to reinstate you and pay you the wages you lost as a result of your termination. If you are employed, it would deduct the wages you have earned at the new job.

    If you want to return to work for the business, you can ask to be reinstated with lost wages. If you don't want to go back there to work, you should ask for a modest monetary settlement.

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Default Re: EEOC Mediation

    modest as in?

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: EEOC Mediation

    How long were you out of work after your termination? What would you have earned at your ex-employer during the period you were out of work?

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