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I have a hearing with administrative judge on a disability…

Customer Question

I have a hearing...

I have a hearing with administrative judge on a disability discrimination case where I was harassed slandered and verbally attacked by managers pertaining to my reasonable accommodation animal I feel the case is very strong in my behalf how much should I be prepared to ask for in settlement in the pre-trial teleconference

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

I have discussed my case with the office of equal rights I have been awarded administrative hearing I have not seen any lawyer assistance because all of my paperwork has said that I do not need to contact the lawyer however now I'm being told I need to be prepared to discuss a settlement amount I have no idea how much I should be prepared to ask for

Lawyer's Assistant: The Employment Lawyer will be able to walk you through that. Are you an "at will" employee? Do you belong to a union?

I'm sorry I thought the website was offering information pertaining to discrimination cases I do not belong to a union with this particular employee-employer however it is with Department of Homeland Security

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

I know the agency representative is already stated she's going to request a dismissal however the report of investigation and fact-finding are very much in my favor my teleconference is scheduled for March 10th so advice on how much to request for settlement is an essence

Submitted: 22 days ago.Category: Employment Law

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3/5/2020

Employment Lawyer: Attorney Wendy, Lawyer replied 22 days ago

Attorney Wendy, Lawyer

Category: Employment Law

Satisfied Customers: 8,365

Experience: Member at Keefer & Keefer LLC

Verified

Hello. My name is Wendy and I am an attorney. Your calculation of what you might ask for to settle your claim will depend on the circumstances. The types of damages that may be available in a disability discrimination claim would include lost wages if you lost time at work or were terminated or denied a promotion/raise, any medical care you sought as a result (e.g., for actual physical injury or emotional medical issues), and emotional distress. It can be helpful to try to calculate these amounts - with emotional distress obviously being hard to put a figure on - in order to present that to the hearing officer and in any negotiations should the department wish to discuss settling your claim.

I hope this information helps. If you need additional assistance, feel free to reply to this message. I will be away from my computer off and on today and will respond to any follow-up questions as soon as they come to my attention. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating.

Please note: This information is for 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.

Customer reply replied 22 days ago

Thank you, I am working currently as well as do need additional feedback, I will process them as time permits today and hopefully text them in more detail later.

Employment Lawyer: Attorney Wendy, Lawyer replied 22 days ago

No problem. If you do not get an immediate response to any follow-up questions, I may be away from my computer or assisting other customers.

Customer reply replied 21 days ago

Good afternoon as previously mentioned I'm scheduled for a teleconference with administrative judge and an agency attorney I'm wondering what type of questions I can expect to have to answer I feel like the report of Investigation outlines all the issues at hand as well as a substantiates my claims thoroughly, as well as witness statements reflecting in my favor.

Employment Lawyer: Attorney Wendy, Lawyer replied 21 days ago

Every administrative judge is a bit different, but I would expect questions about your disability, what types of tasks you can and cannot do, what conduct you experienced that led to this claim and the like. If you have a diary or notes of what occurred and when, you may want to review those.

Customer reply replied 17 days ago

Thank you for your advice I had my first teleconference call today with the ministrative judge and the agency attorney the judge suggests that I seek advisement it seems as though from what I could understand he was suggesting that we do some amendments to Mike Lange it also cautioned me to think carefully about what I choose to amend he's gave me a 30 day window to file my Amendment I suggested I was feeling that I needed to seek counsel he cautioned that Council was expensive and maybe advisement would be my best route I am so lost and confused with all of their words of opposition and dismissal and retool I really feel that I'm in the position to possibly turn my case over to an attorney

Employment Lawyer: Attorney Wendy, Lawyer replied 17 days ago

It may be worth consulting with a local attorney to help you review the current case and suggest amendments you might make and then discuss whether you would want representation beyond that or just need help getting your claim really started. Unfortunately, at JustAnswer, we can't handle actually representation.

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