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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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The EEOC has determined I have valid charges regarding age

Resolved Question:

The EEOC has determined I have valid charges regarding age discrimination in lay-offs. They have suggested mediation with my company first. I have no idea what to request in the way of compensation. Would it be unreasonable to ask for the difference in pay from my "non comparable" job (which is $7.00 hour until I retire at age 65?) That would be approximately $58,000. This issue has caused great distress for me since June 13th and I feel I should be compensated. EEOC also mentioned that it takes a long time for investigation - what is the average length of time for investigation?

Thank you!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Although every case is different in terms of what is a reasonable settlement or resolution to the issue, they generally include reinstatement, back pay, front pay, benefits, etc. In your case, if you are saying that you will ask for the difference in what you are making now in a new job and what you were making before the lay off, until retirement age, that is not necessarily unreasonable. However, this is a mediation, so there is generally give and take and neither side has to agree.

As far as the length of time of an investigation, it varies, but can be 6 months to a couple of years, depending on the complexity.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


Is there ever an additional amount considered for the embarrassment, anguish, hours I have spent researching the rules and regulations? If so, what would be a "reasonable" amount and I'm sure it varies.

Expert:  Marsha411JD replied 1 year ago.
There could be during litigation, but generally no employer is going to offer to pay that during a mediation. You can ask for more but if the employer thinks that they are being shaken down, for lack of a better phrase, they will just refuse to mediate and say "see you in court." At that point, you might be in trouble if the EEOC doesn't take the case to prosecute themselves and instead issue you a "Right to Sue" letter. That is because if you have to sue on your own, the attorney's fees can be very high and the litigation protracted. In that case, the employer, with the deep pockets has the advantage.

So, just keep that in mind when presenting what it is you want out of this mediation. There is no universal "reasonable" amount, you would have to value your time and other issues yourself based on what you personally think is reasonable.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17251
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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