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Jack R.
Jack R., Lawyer
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Experience:  Review contracts for major corporations
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I need an expert practicing law in the state of Ohio dealing

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I need an expert practicing law in the state of Ohio dealing with the Equal Employment opportunity Commission and a mediation conference. I will give a description of the discrimination that has led to filing with the EEOC so you have a better understanding.

I had lost 3 fingers on my right hand, index, middle, and ring fingers. This happen almost 20 years ago and has never given me a problem with employment, nor have I ever needed or requested accomodations to be able to perform at any job.

I had applied for a job at a company in Ohio, the human resource manager spoke with me on the phone the first attempt to communicate with this company. After a conversation about my work experience, I was told to come in and fill out an application and also to include my resume, which I did. I received a phone call from the human resource manager within 1 week to come in for an interview after a long conversation about my work history and what the job entailed. The human resource manager wanted me to come in asap as they seemed anxious to interview me after talking and looking over my resume.

Leading up to the interview I had 3 or more conversations with the human resource manager and never had a problem contacting them or them contacting myself.

During the interview I was told how nice it would be to have someone come to work for them in this position that did not need training and would be able to jump right in. They explained how they had to train many people for these positions in the past. This interview was going like others where I ended up getting offered the position. A few minutes later during the interview I noticed the human resource manager staring at my hand, I think they did not notice it until this point. The interview seem to end quickly after this with much less talk. I was told they would contact me after they make a decision, which would be by the end of the week.

I did not receive a phone call by the end of the week so I decided to give a call back the following week. The human resource manager was not available, I left a message but this time did not receive a call back. This went on for what turned out to be months, I could not reach the HRM nor had they returned any of my calls. I was not even able to contact them to update my application or resume. Not updating either the application or resume would result in throwing them out after a period.

This resulted in me contacting the Equal Employment Opportunity Commission and filing discrimination charges against this company. Now this company has requested a mediation through the EEOC in hopes of resolving this issue. This rather than having the EEOC continue the investigation and potentially ending up in conciliation if discrimination is found or court with a discrimination law suit if conciliation is unsuccessful.

Now during this mediation I would like to seek lost wages from the time I would have been hired up to the date of mediation minus what I had earned at my current job. I would also like to request job placement or a fair compensation equal to job placement. This job pays 36K per year plus full medical benefits and $100 a day per diem.

Now that you have a better understanding, my question for you is this. What should I expect from the mediation conference, also is this a reasonable request on my part based on your experience? Should I expect or request more or less?

Based on your experience I would greatly appreciate your input to best help me with this mediation conference.
Tim
Submitted: 1 year ago.
Category: Employment Law
Expert:  Jack R. replied 1 year ago.

Thank you for choosing Just Answer.

 

First and foremost the mediator will not make a finding, assign fault, or determine no cause exists. The mediator is a facilitator for obtaining a settlement.

 

The mediation conference is not designed to validate, or otherwise decide any issues of fault. The mediation will start out with you giving a description of the discrimination you feel you experienced. You will describe what it is you want to settle the matter.

 

The same opportunity will be afforded to the employer. Again the role of the mediator is not to decide who is right or wrong simply to get a dialog started.

 

 

 

The mediator will then try to explore options at arriving at a settlement. This will include give and take between the parties. Different options will be explored in terms of settlement. the mediator will try to get you to accept less and the employer to offer more in order to get an agreement. If no agreement can be worked out the mediation ends and the process continues.

 

mediators will start with face to face discussion. The mediator then decide to have private conferences with each party. The substance of the conference is confidential unless you give permission to disclose.

 

In order to be successful at any mediation you need to establish your botXXXXX XXXXXne. Going in you need to have in your mind where the point of no return is. Right or wrong is not at issue in the mediation on what agreement can be achieved. I would highly recommend obtaining and reading a book entitled "Getting to Yes" this will explain mediation tactics you can use, or will be used against you.

 

You will need to ascertain the strength of your position. This will be based on the opening remarks of the employer. You can ask the employer what their policy is on employees with disabilities and how many employee have disabilities on their payroll. You can ask them to explain the basis for not hiring you. The strength of their position should provide insight onto what you can ask for.

 

Many companies have a dollar value they will pay (nuisance value) to avoid a law suit. If they feel confident on being able to win it is unlikely they will go beyond this nuisance value.

 

You should also be aware that the employer will undoubtedly come with their attorney. They may try to bully you with legal terms and jargon. You should read up on what the disability laws are so you can be prepared. If you do not understand something ask the mediator to get a full explanation of what is being said/proposed.

 

 

 

Please press ACCEPT so I can get credit for my answer. If you have further questions please ask.

 

 

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
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