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I have an EEOC claim pending against the Louisana Department…

I have an EEOC...

I have an EEOC claim pending against the Louisana Department of Education for retaliation for filing a grievance against my supervisor that resulted in my termination. I have also filked an appeal with the LA Civil Service that is scheduled. I received an offer to settle the civil service matter, but i accept it, my claim of termination due to filing the grievance can't be argued. In essence the settlement will erase my claims in the EEOC case that I was terminated without cause. Can this settlement tinder my other claim moot?

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

Louisiana

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

It is full time permanent based on Louisana constitution can only be taken away for cause

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

My appeal with civil service is Monday and the settlement offer expires in 4 hours.

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Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 5 days by:
3/8/2018
Wendy
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Customer reply replied 5 months ago
I still need assistance with my question.
Attorney Wendy
Category: Employment Law
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Hello. Just by coincidence my name is ***** ***** I am attorney and have been practicing for about 20 years. It is quite common for a settlement offer, particularly related to employment matters, to include what is know as a release of all known claims. So, it would not be uncommon for the settlement you were offered to also end and waive any claims currently pending before the EEOC. There are some employment claims that cannot be waived such as unemployment, workers' compensation and health/COBRA benefits. When deciding whether to enter into a settlement that includes a waiver of any additional claims, it is important to evaluate the value you are receiving in the settlement with the likely result of the pending claims. In other words, you need to make a fully informed decision on the settlement offer. Retaliation claims generally require you to be able to prove that you filed a protected complaint, that regardless of whether that complaint was found to be valid or not, someone with authority over you (someone with the power to control your promotions, pay, work assignments, etc.) took an adverse employment action (e.g., demotion, denied promotion, termination, etc.) against you and that a motivating factor for that action was your having filed a protected complaint. This can sometimes be difficult where the accused will claim that there were other reasons that motivated the employment action. I do not know the strength or weakness of your retaliation claim, so you will either need to consult an attorney in your area to give you an idea of the claim's strength or you need to do so yourself. Then you will want to balance your best case and worst case scenarios in those claims (e.g., what happens if you win, what happens if you lose) and decide if you want to accept the offered settlement as a certainty and as a final resolution. So, the answer to your question is that if there is a waiver of claims included in the settlement offered, it would render your EEOC claim moot. I hope this helps you in considering your options.

If you need further help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 5 months ago
Thank you so much for your response my Pre trial conference with the civil service was on Monday and I agreed to the settlement offer with a few changes in the wording. There are no references to my EEOC claim in the settlement only that I would resign and have any effective date that was after the date of the termination and a reversal of termination to indicate voluntarily resigned. All the rights that go with civil service employement were restored. I got back pay and also retirement. I think I was make fair resolution to the civil service claim because ultimately I never wanted to work for the manager again. I am still pursuing the EEOC claim. Thank you for responding, I do think your advice was good, however, it did come a little late for me. Best Regards ***** *****

Thank you for updating me. It does sound like that was a good settlement. I would just double check that anything you signed didn't waive claims (even if the EEOC is not specifically mentioned) and good luck pursuing the EEOC claims. I am glad you were able to resolve so many of your issues relating to your civil service employment. Have a great evening.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
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