Legal Question in Disability Law in California

Settlement proposal

I have filed a claim with the DFEH which they have accepted. The employer has responded and my DFEH rep has said a full investigation wouldn't start until Feb-March 2007.

He did sugggest that he would like to call the employer to ask if they would like to do a,

no admission of guilt, settlement. He then asked me what $ number would I like to request?

I know you can't speak to the specifics of my case but is there a rule of thumb formula to apply as a starting point.

I don't want to be stupid in asking way too much or way to little, can you help?

Thanks in advance.


Asked on 10/10/06, 2:33 pm

2 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: Settlement proposal

You are intending to settle your claim while representing yourself -- against a company that will be represented by a lawyer. That is not a great idea. . . Look at lost wages, lost future wages, emotional distress. . . You also have to look at the strength of your case -- it's a good signal that the DFEH has accepted it. . . and what you would get if you would win at trial -- what other cases have brought in. . . Otherwise, makes sense to have an attorney. . . . Good luck.

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Answered on 10/24/06, 5:10 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Settlement proposal

I am impressed that you have taken yourself through this difficult process. However, I am concerned that everyone is represented by counsel but yourself. Each person is an expert in their field, as you are in what you do, they have an expert helping them - who do you have helping you?

Without knowing the facts of your case, I could not specifically advise as to your matter. However, you want to look to your lost wages, benefits, expenses and emotional distress. Some cases permit for statutory damages as well as attorney fees and costs.

However, at the end of the day, I strongly suggest, you take a copy of your Charge of Discrimination/Complaint filed with the DFEH and attempt to find legal counsel to assist you in the process. The DFEH traditionally has a list of counsel in your area. You can also find counsel in your county's bar association.

I wish you the best of luck.

Sincerely,

Beth Mora

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Answered on 10/24/06, 5:38 pm


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