Legal Question in Employment Law in California
I have a charge against my ex employer through the eeoc and my investigator is asking me if I'm willing to settle. I was fired on my first day back from maternity leave. They claimed they eliminated my position. I was given my annual review then fired. My position was not eliminated. I don't know what my case is worth.
5 Answers from Attorneys
It's a good sign if the EEOC believes the case is worth mediating. Please contact me if you would like to discuss further any issues you have.
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Aryeh Leichter
Leichter Law Firm
3580 Wilshire Blvd., Suite 1745
Los Angeles, CA 90010
Phone: (213) 381-6557
Fax: (888) 801-6629
www.leichterlawfirm.com
The point of going through the EEOC is to resolve this issue -- either by settling for perhaps money, an apology, and/or reinstatement, or obtaining a right-to-sue letter and going to court and litigating for a length of time before receiving a settlement or judgment, or losing. It's your choice as to how much time, money, and aggravation you're willing to invest in the process, and taking the risk of loss.
You should consult with experienced employment law attorneys in your area for a case evaluation. This will require a review of all of the facts available to you, as well as any documents you may have. There are many factors that go into evaluating a case - some that may not be obvious to you. That is where experience comes in.
The EEOC has a mediation program available if the parties volunteer to use it. There is a strategy to using mediation effectively, to get the best offer possible. It may be worth it to you to seek legal advise to understand this process better, even if you do not wish to hire a lawyer to represent you.
You should speak with an employment attorney to get a better idea of the value of your case before settling through the EEOC. We would be happy to give you a free consultation. Give us a call at (213) 536-4236.
I agree that you should consult an attorney. I am a member of California Emploment Lawyers Assocation (CELA). I have handled pregnancy discrimination issues. It is a violation of the Family Medical Leave Act (FMLA) to terminate upon return from leave I am currently representing a client who was a similar victim. You should consider pursuing a claim according to California's Fair Employment & Housing Act. An employment attorney can advise you on your rights. I would be glad to talk to you if your are interested. I hope this helps. Bob (818) 222-2433
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