How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36990
Experience:  30 years in Employment law
8534270
Type Your Employment Law Question Here...
Ray is online now
A new question is answered every 9 seconds

I was wrongly terminated. I was given an option to start a

Customer Question

I was wrongly terminated. I was given an option to start a dialogue for mediation for 1) Eligible for rehire or 2) Getting job back. Plus they're offering up to $2,000 to allow me seek counsel to assist in the mediation. But I as soon as start mediation, I give up my rights to sue the firm. How can I still do mediation, & keep right to contact attorney?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

This appears to be a smokescreen to me.If the employer really thought a mistake was made here regarding termination they would just reinstate you here like today. I think if you feel that discrimination was involved you file with EEOC and see how EEOC goes.You have right to sue , not sure giving this up here is a good thing.Again they appear to be wanting to offer to talk about it and pay a lawyer a little bit to assist you. But no guarantees here at all.

I would consider an EEOC complaint and a lawyer to sue if they issue a right to sue letter.If there is age, sex, or race discrimination involved you may yet prevail through EEOC and get reinstatement.

Consider filing EEOC and then copying employer with offer to drop the complaint in return for reinstatement to your job.This gives you something concrete rather than this vague promise to talk about it.You can make such a counterclaim.

I would not accept anything less than immediate reinstatement here, if they were wrong they should admit that by hiring you back immediately.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again

Expert:  Ray replied 1 year ago.

EEOC file here.

http://www.eeoc.gov/employees/charge.cfm

I am so sorry you are having to go through all of this. An EEOC complaint would help your UI complaint if you have to file for benefits here in the meantime.You argue you were wrongfully terminated with discrimination and have filed with EEOC.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.Thanks again for letting me be of assistance today.