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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34403
Experience:  Retired (mostly)
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My employer wants to mediate with me through EEOC because the

Resolved Question:

My employer wants to mediate with me through EEOC because the office manager was

1. Referring to me with the "n" word to my coworkers
2. Shared my confidential medical information with my coworkers
3. Jepardized my safety by having me drive the company car that had a life threatening manufacturer recall and had not been repaired.

The State Office of Civil Rights substantiated racial discrimination and violation of HIPPA.
In the mediation, will these issues be considered as one or can I get monetary compensation for each item separately since they individually rise to the level of malice and reckless disregard and gross negligence?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
In the mediation, will these issues be considered as one or can I get monetary compensation for each item separately since they individually rise to the level of malice and reckless disregard and gross negligence?

A: A mediation is an attempt for parties in a dispute to agree on a settlement. There are no limits on what can be agreed to. However, since the employer's attorney and the mediator know what sort of damages may be available given the undisputed facts, no one is likely to offer or consider damages outside of what is reasonably possible under the circumstances.

However, to your point, the amount is entirely up to you. I strongly encourage you to hire legal counsel to represent you at the mediation. I can practically guarantee that the employer will be represented by legal counsel, and if you are not, then you will be "outgunned."

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34403
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Your response does help however, realistically could the recovery be sufficient that the attorney could receive his portion and I feel that I have been properly compensated for the trauma, embarrassment and emotional upset this has had on my life. I've been off work for the past seven months due to acute stress reaction and now PTSD because of this.


Is there a standard amount for an attorney's fees for representing me in a EEOC mediation

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