I Won My EEOC Claim. Can I Negotiate the Amount Awarded?
Provided by HG.org
When someone faces an employment matter where harassment or discrimination occurs, it is important to seek legal assistance to determine if a settlement is worth the trouble or if the employee should seek further compensation. This could lead to litigation.
Equal Opportunity laws affect those within a company when an employer causes complications through discrimination. This usually arises during the hiring process, when promotions are possible and in paychecks through hourly and salary wages. When these are not fair based on reasonable factors such as an employee with the same job and title as another not making the same pay with similar work experience, this could be workplace discrimination. Most persons affected by these matters are women, individual of color and gay and lesbian workers. Others may be targeted, but the outcome may not be the same.
When a case has been completed and an award has been provided to the aggrieved party, he or she must determine if this is worth settling the case for or if additional monetary support is needed. In many instances where these claims arise, the person has lost his or her job and must seek work elsewhere. This may also cause additional complications when there is no reference or help in obtaining the work. This makes financial assistance much needed, and the settlement offer may not be enough through the first award. Then, the person needs to determine if the matter may be released or another route should be sought. This could end in litigation.
Release and Other Transactions
When a settlement offer has been supplied, if the aggrieved party accepts the compensation, he or she may sign a document called a release. This releases the employer in the dispute from any further or potential legal claims that may be possible in the future and present. This means that no further litigation is possible, the employer is no longer part of the proceedings and the settlement has been accepted when one is offered by the company. This is possible even when litigation is not considered such as for severance packages. This releases the company and employer form potential legal claims even if none are found. This wave the right to sue and a settlement is given in offer.
When determining if a settlement offer is enough, the person needs to examine all the factors of the case. This means understanding if there is enough evidence that a greater amount could be acquired or if the settlement is generous in light of or lack of proof that any grievance was caused. The funds allocated could be enough to release the employer from any current and future legal claims. It is usually imperative to consult with a lawyer when these situations arise. This assists the person with understanding if he or she should release and settle or continue further for additional compensation based on all elements present and evidence of the incident.
The Value of the Case
When contacting the Equal Employment Opportunity Commission, the value of the case is determined through a number of factors. This number may be lower than expected, or it could be reasonable but lower than warranted based on the factors of the claim. If the employee spent months or years at the workplace with less than fair pay, the amount valued may not reflect this and other discrimination suffered through the company. When prizes and awards are provided to certain workers, these may not be valued due to the opportunity not being objective. There are few ways to determine if these items could have been awarded based on merit or favoritism.
If an EEOC claim is not enough to recover from the matter, it may be necessary to contact a lawyer to move forward with litigation against the employer or company. Some discrimination or other violations are difficult to move on from, and these may necessitate additional compensation awards. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. However, the judge may still award as much or less as the end result. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. This means that an experienced lawyer is needed for consultation and if litigation is necessary. Legal representation may assist in the entire situation to include provide advice.
Read more on this legal issueProtected Classes in Employment Discrimination
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How Can I Win an Age Discrimination Lawsuit
Am I Being Subjected to a Hostile Work Environment?
What Does the ADA Require for an Employment Accommodation?
Employment Discrimination – Different Types of Discrimination in the Workplace
Employment Discrimination – Laws Against Race Discrimination in the Workplace
Employment Discrimination – What Is Harassment in the Employment Context?
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.