Employment Law

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My housekeeper has worked for me since 2008 and everyone has…

Customer Question
My housekeeper has worked...

My housekeeper has worked for me since 2008 and everyone has known she is a lesbian my son is trans. she got mad and quit because i asked her to keep receipts in box for brokers cause they thought I was spending too much money so she quit. and now has a EEOC and .FDEH that are all lies to get money. what do I do as far as settling, I never look at receipts so all she want is money.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

CA part time one employ

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much should i settle for?

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 hour by:
11/26/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,280
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. This to me sounds like you have a case of wherein your former employee is alleging employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2.

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal.

In your case, it's not really possible to tell you how much you should settle for, but I usually recommend informally settling the dispute or going through mediation. Sometimes, a judge that is assigned will be happy to mediate the case for you. As a general guide, I suggest going as high as 65% of what they are saying that they are owed as a result of this. In exchange, you can avoid being "at fault" for this situation and can move on.

Did you have any other questions for me today that I could help you with?

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