Employment Lawyers Can Answer Your Employment Law Questions
We own a small 20 year old business with approx 40 employees, five months ago a pregnant woman came in and asked for an application. we were not hiring at the time.. she was told to check back after the baby is born to see if we had anything, (I guess that was the wrong choice of words but it wasn't meant in a mean way) she decided to file with the EEOC. She got a job three months later, however we never hired anyone until several weeks after that. (we found that out in the documents). She was never interviewed yet they EEOC came back (after what I consider a witch hunt and as I see it she had an agenda) with back pay for a forty hour week from the day she filed the application (we dont hire full time) AND 45,000 in damages (WHAT damages.. we didn't have any openings and she was never interviewed let alone an employee. what I would like to know is two things.. we made a token counter (1000.00) and may go up to 2000.00 but thats it.. if they don't agree (she now has this number in her head she is going to get "rich" ) I am told it would more then likely die in the EEOC since they don't usually file suits unless they are high profile and that she can sue but she would have to pay for her laywer, which I wonder how many take cases like hers on contingency ( I know what laywers cost). i need a "realistic" view of what we are looking at.. t hank you (I am in NC)
Also I am not emotional on this but I do believe that case worker we beyond biased. Can we file an appeal, I am told no.. that seems odd to me.
You mention back pay. however she was never an employee to start with. She simply asked for an application, I also believe that the case worker was very biased for reasons I can't put online but would be glad to share with you privately. I was told we can not ask for another case worker, which seems unreasonable. I know she does not have the funds for an attorney. Even one of our employees testified she was told by her husband to file since they were "about to be evicited" however that does not seem to be part of the case. I find it hard to believe there is no appeal on this "slam dunk"
Also our office here as of last year no longer does mediation. It was a letter, a meeting and then the "demand" that was it. apparently they are bogged down and can no longer take mediation requests but those are done at "random" .. not sure what that entails.
This is why I asked about contingincy.. because its the only way she could afford it I believe.
Again I am at a loss here and of course I have no issue with giving you a positive rating. I appreciate any help here
Thank you.. that is what the letter was it was a conciliation letter.
Can you tell me one more thing.. the defense we have is simple.. we didn't hire anyone at that time but DID hire two employees a few weeks after she found another full time job (we did not know this of course at the time) those employees were hired at 15 hours a week, so she would have never had a 40 hour schedule to start with (we don't hire full time for new employees).
We simply had no job for her. we did request the mediation thats when we were told it was random. But they did conduct and "investigation" which required us to go downtown (the girl who filed was not required to be there) and to get our statements and the statements of hiring managers. Then there were several more phone calls asking the same questions over and over again (this was getting annoying) then the letter. That was all.
I do appreciate your help.. this is all new territory I have never experienced this before as you can imagine and i am sure this is nothing new in your world :)
i admit I was blown back by this 45,000 number which seemed to come out of thin air.. she was out NOTHING. I know you can't predict but the more I read the more confusing it becomes.
I guess this is my long way of going about asking if you think we have a strong enough case if it comes to that (again I KNOW you can only give your best guess)
Thank You again for being here in the "wee hours"
Thanks, XXXXX XXXXX never used this site before so I hope I am doing the ratings correctly. am I able to contact you in a day or two if I think of something else or does this "close" it out once we finish. (I want to make sure I am doing it right.. LOL)
I like your advice and it makes sense. SO if I understand what you "suggest" (I understand this is not in place of legal advice)
make a counter offer or two, but if we can't agree on this then take the risk the EEOC will not bring it to suit, which it sounds like it wouldn't be based on the info you are reading.. however she may bring it to suit (but again I am asking how easy can she get a lawyer that will work on contingency only, I understand in these cases that is not easy)
and if that happens try to settle at that point.. am I getting all this correct?
OH I forgot to mention the job she was applying for was min wage
Good! I paid it and gave you the highest rating, I want to know your time and insight is appreciated. (Love Texas btw, I have family in Sugarland and Corpus)
I just wanted to make sure that the 40K plus really was "la la land" and it sounds like it is. (one persons random figures based on the EEOC table based on number of employees from what I could gather from the website)
I appreciate that break down.. you have been a great help, If I have further questions I will find you again. Have a wonderful weekend.
If you have any other info before we close this out... anything else is appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).