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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I need an attorney to help me construct an effective

Customer Question

I need an attorney to help me construct an effective position statement to the EEOC.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

We are not able to draft a statement for you. That would rise to the level of representation, which we cannot do here. However, we can review any statement that you were to submit and could make recommendations for changes, themes, etc.

You could just post the statement here or we could work through a secured email address (an additional service) if you would prefer. I'm fine with either option.

Just let me know what you'd like to do.

Customer: replied 3 months ago.
I have contracted an affidavit of events, I can provide more detail, information as neededThanks You,Chris
Customer: replied 3 months ago.
I meant to say completed.
Expert:  Allen M., Esq. replied 3 months ago.

I'll review this now and make some suggestions very soon.

There may be a delay of up to 15 minutes as I review the document and consider factual arguments, but I will respond.

Expert:  Allen M., Esq. replied 3 months ago.

I'm going to address some of the arguments that you make here.

First, the argument seems very unfocused. By this, I mean that you mention your health issues and your FMLA paperwork, neither of which have to do with race or age discrimination. It makes the entire argument very confused. I would not raise these issues unless you also plan on specifically making disability discrimination allegations or FMLA discrimination allegations.

Ultimately, it is just backstory that will confuse the reader, as they lock in on the fact and think "ok....so is this a discrimination argument too?"

Additionally, many of the complaints that you make about this transition that the company was making aren't related to race or age discrimination either. The fact that they were having you send in a lot of reports and justify documents, while certainly annoying, isn't illegal or indicative of discrimination.

The issue of your having to sign a blank employment agreement isn't really an argument for age or race discrimination either. It's generally not illegal either, unless there was an effort to defraud the government, so I don't see how this helps you.

Your strongest arguments here related to the disgruntled report against you not being properly investigated, suggesting a rush to judgment in this situation. Add that with the fact that they didn't follow their disciplinary policy, the witnesses against you were all white males, and they were more lenient to others (presumably white males), and you have a much stronger argument.

This really should only be about 3 pages then.

Expert:  Allen M., Esq. replied 3 months ago.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 3 months ago.
Thank you for your feedback, I appreciate it. I put this together months ago around the time where all theses events happened in order ton have a point of reference from the time of the events and not have to recollect.Is your suggestion something we could discuss and put together a more effective statement. I understand there may be a fee involved in this, however. I would like to put my best effort into this and move on with my life. I did not mention they did have an corporate legal counsel contact me and offer 5 weeks of pay for complete and full release of my claims in response to a letter outlining this incident to an official of the company. However, i never heard anything back when I responded that I would like to speak to one of the individuals who made the decision to terminate my employment.I have never spoken to anyone with the why or how of the alleged act and investigation. I was only contacted through email.
Expert:  Allen M., Esq. replied 3 months ago.

I'm certainly willing to review anything that you draft and make more suggestions, but again, any drafting on my part is strictly prohibited.

If you'd like to discuss must suggestions directly, that is something that can be arranged as an additional service.

I would not put too much into the offer of 5 weeks pay for a complete release. This is exceedingly common is not indicative of any sense of guilt or concern on the part of the employer. An offer of 5 months of pay would be a suggestion of actual concern, but an offer of 5 weeks is merely an attempt to get a release signed for convenience sake.

Let me know if you'd like me to arrange a call as an additional service. Otherwise, just submit anything else you'd have me review here and I'll do so.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.