I have an EEOC
case which is in settlement talks.
How much is reasonable to accept?
The other side (American Express) violated a prior EEOC out-of-court settlement (“contract”) of $70,000 (“$70k”) with me from June 2000, and admitted no fault. But 5 years later, my ex manager (“Qing”) gave a reference even though the contract said he was to not give “any information” and was to refer all questions to Human Resources. That manager admitted under oath in January 2009 he violated both provisions, after 4 years of denying it. Now Amex can’t say that they were blameless.
I say that Amex should pay a multiple of the initial $70k. And I lost $450k in actual lost wages
, since I applied for a full time job (FTE) with the company (FJ: Fischer Jordan). However, FJ’s biggest customer is Amex, and FJ gave a (false) deposition that they did not speak to that manager (which now that manager admits to talking to FJ). Chances are FJ may cling to their story, rather than admit to perjury.
I feel Amex should also pay emotional damages, since the Judge said unless I give my psychiatrists’ records AND notes, I won’t be eligible for emotional damages. The US Supreme Court limits emotional damages to 1 time the actual damages, but I’m in NYC, which has a higher limit under EEOC laws.
Thus, I feel Amex should lose in SDNY federal court for $450k actual + $700k emotional, which my lawyers say I won’t get since I come across as argumentative (I am) and FJ will lie on the stand about the FTE job. By the way, I only found out about that manager’s comments when FJ said “We’re not going to change you from a part time job in Delaware to a FTE job in NYC, since of what Qing said a few months ago about you, that you don’t fit into the culture and have bad ethics.” I replied to FJ by email confirming our conversation, and FJ thanked me for my positive attitude while I was working part time as a consultant in Delaware.
I feel I should get punitive damages, since Amex clearly ignored the contract and the law (Title VII
of the Civil Rights Act of 1964), and made a decision they could steamroller me. The Amex Code of Conduct clearly would have had Qing tell his boss, or the Amex internal VP lawyer tell his own boss about Qing’s violation when it was discovered in Feb2006. But Amex ignored the law, the contract, and the Code of Conduct – so I feel Amex should get punitive damages and should pay for legal expenses.
I feel that an after tax award to me of $350k is reasonable, which would be less than my out of pocket expenses, legal expenses and certainly not enough to make me whole emotionally. But Amex probably won’t budge for more than $300k in a settlement, of which my lawyer for the case and settlement gets 1/3. Thus, I’d get $200k before taxes, and $130k after taxes. And I sunk $30-$50k in legal expenses before this. And Amex can continue on its merry way, although I can (and have) bring it up to the Amex Shareholder meeting, which I’ve been trying to do since April 2007, when Amex went to Court to keep me from the April 2007 Amex Shareholder meeting, not to communicate with the SEC and to take down my web site. Amex also told a federal judge wrongly that they did not try to stop me from communicating with the SEC, which in NY State (and SDNY) is NY Judiciary §487 “intent to deceive the Court”, a criminal misdemeanor, which is subject to Treble damages in a separate suit. The lawyers from Skadden and from KellyDrye can get disbarred.
What number should I take in a settlement, or should I go for the trial, which if I win, I estimate I would pay $60K for the appeal, and $10k in expenses (and a free lawyer?) to go to the Supreme Court?
Tuesday, October 19, 2010 8:17 AM