Legal Question in Disability Law in California

Hello

I work for the US Postal Service in San Francisco, California.

I have filed two EEO complaints and it became a mixed case. It is discrimination due to my disability (hard of hearing).

It has completed it's investigation and it has now been assigned to an EEOC Administrative Jude.

My question is, if the judge favors my side and if I am granted a payment settlement, am I entitled the maximum payment of 300,000.00 for each complaint?

And do I get it twice i.e, 600,000.00 because of my mixed filing (two separate EEO complaints into one)? Or does the mixed (2) case settle as one?

And if the AJ gives me a right to sue letter, do I get more money (more than what I could have with the EEOC) in civil court? i.e, sue for 5 million in damages, etc? Or is it still the EEO limit of

300,000.00 if I win?

Thank you. I have learned a lot from reading your website.

I appreciate your time reading this.


Asked on 6/02/10, 3:48 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Judges award damages based on proof of what those damages are. You don't automatically get awarded the maximum if you win. There are different kinds of damages, which include economic and non-economic and you must be able to provide evidence of the type and extent of damage you suffered to justify the award.

By your questions, it is clear you need to retain an attorney to assist you. You should consult with experienced employment law attorneys in your area. If you have a good case, you should be able to get one to represent you on a contingency basis.

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Answered on 6/02/10, 8:09 pm
Terry A. Nelson Nelson & Lawless

You're "entitled" to whatever the award specifies, after the parties make all their arguments and presentations, whether at EEOC or in a civil case. I wouldn't hold my breath on 'winning' 300k; that would be an extreme case to justify a maximum award. If you've actually got a case "worth" that kind of value, you're greatly mistaken in thinking you can properly prosecute it yourself, since you felt you needed to ask basic questions here that displayed a lack of knowledge of procedure and rules. You'll be facing an experienced defense attorney hired to defeat you and your case. Hire an attorney.

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Answered on 6/03/10, 3:36 pm


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