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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15546
Experience:  Employment/Labor Law Litigation
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I recently filed a complaint against WalMart with the EEOC

Resolved Question:

I recently filed a complaint against WalMart with the EEOC for terminating me while I was on a medical leave of absence. They are offering me $3500 for compensation, although back pay would entitle me to close to $9500. Should I push through for an investigation or just accept the settlement? I should note that I was hospitalized when I was on my LOA.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 years ago.
Hello and thank you for using Just Answer. I'm an attorney with a legal career spanning 13 years and I will be assisting you today.

This really depends on how much you need the money at this point.

Their initial offers, prior to the EEOC completion of the investigation, will generally be small. They are quickly trying to buy an end to the claim.

The closer the case gets to trial, provided that nothing extremely helpful shows up in discovery for them, the more they are going to be willing to offer. This is the general rule.
Customer: replied 3 years ago.
Relist: Inaccurate answer.
Expert:  Allen M., Esq. replied 3 years ago.
I see that you have relisted my answer as inaccurate.

Would you care to explain what you believe is inaccurate about my answer?

I have reviewed it and based on over a decade of legal experience in this field I can find nothing inaccurate about it.

If you have a follow up question, please ask it, but I would ask that you not classify my answer as inaccurate without at least explaining what you think is incorrect so that I can address it. Law is often a dialogue, so it would not be surprising to me if we needed to tallk back and forth for a while to get to the answer you are seeking.

Edited by Jagcorps_esq on 1/26/2011 at 4:14 AM EST
Customer: replied 3 years ago.
I think I was looking for more clarification as to whether I had a case against Walmart. Essentially I was terminated because I was missing a signature on my LOA paperwork. Walmart did not know that I was hospitalized while I was out of work.

As for the $3500 being an initial offer, it is Walmarts final offer. We have already gone back and forth several times. They put this offer on the table and are not accepting any counters to it.
Expert:  Allen M., Esq. replied 3 years ago.
I'm sorry. That is not what I understood your question to be. Thanks for the clarification.

Terminating you for a lack of a signature is very over the top, in terms of putting the letter of the law ahead of the spirit of the law. Instead they should have simply asked you to sign the document. You have a fairly strong case and should go through the EEOC investigation. See, with medical leaves of absence, using the FMLA, an employer is can't place undue barriers between you and your rights. Being overly strict due to the lack of a signature appears to be geared at discrimination rather than upholding necessary procedure.

Of course Walmart is presently telling that this is their final offer. They want this to go away. The EEOC investigation isn't even over yet, so this is not (in reality) their final offer. This is their final offer, for now. When the EEOC grants a right to sue letter, they will typically make another offer. After an attorney gets involved and files a complaint, they may make another offer. After discovery is completed and a motion for summary judgment is done, assuming you win that they will make another offer. Finally, they may make additional offers right before trial or right after trial, but before the jury renders its decision.

Edited by Jagcorps_esq on 1/26/2011 at 3:55 PM EST
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15546
Experience: Employment/Labor Law Litigation
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