EEOC Mediation Meeting Expectations?
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EEOC Mediation Meeting Expectations?
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Way, WAY too long to go into all the details here, but I was let go (based on an easily provable lie) on June 18, after being one of several people who had complained about our boss (but I did it long after everyone else did, and upon seeing nothing was done about their complaints; and I did it with evidence and demanded a thorough investigation of everyone's allegations).
After my complaint, he separated from the company, and three weeks later I was let go.
The EEOC has taken the case, but wants to set up, as is part of the process, a Mediation Meeting between the company and me. Well, I once was loyal to the core. Like a beat up dog, or an abused wife, I just was (stupidly) locked into this 12 year employer-employee relationship and could not break away as much as I knew it was unhealthy to stay in it. Now, since the very first day I was let go, I feel complete and utter relief from being away from such a caustic and stressful, awful environment and I definitely do not want to go back - but I DO want them to pay me and the others who had complained. And I do mean $$, as much as that may go against the grain for some. (Believe me, if you knew the situation, you'd ask for $ as well. And it will probably all end up given to animal charities anyway). I also want a to make sure I am listed as 'rehireable' - although I'd never work there again -, but for background record and job-search reasons. Additionally, I want a formal apology letter as a general distribution throughout the company.
So, should I say as much in the Mediation Meeting? Should I take an attorney? What is expected of me? What is expected of them, etc.?
Thank you!
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Additional Details
Thanks SO much, michr!
I actually desperately want a right-to-sue letter as many of the claims me and my co-workers brought against them are non-discrminatory, but the evidence is overwheliming and my one desire is to get it in front of a jury. They know this too and know that I was gathering evidence additional to what I presented to HR in the original complaint, so they had to get me out of there quick - which they effectively did. My thought is that I do not want to go back - ever, so if they offer to move me to another department, or whatever actually, do I have to take it? The investigator I met with is a doll and she explained that I could 'stop' the case and she would give me a right to sue, but I want them to gather things on them as well. What is the best way for me to proceed? I want to do this perfectly so that they cannot do this ever again to anybody. Thanks!!!
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michr
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the purpose of mediation is to make sure you understand what is and is NOT discrimination, to explain the law a it relates to your claims, mediation is the first step and if this is not resolved at mediation then the EEOC will start an investigation and based on their initial findings they will either proceed or decide they don't see a violation and will give you a right-to-sue letter.....
this letter does NOT mean they think you will win it means you have the right to proceed on your own....
if their initial investigation suggest your claims are valid and a violation may have occurred they will do an in depth investigation, prosecute the case and propose a settlement... if you disagree with their proposed settlement at that time they will give you a right-to-sue letter so you can proceed on your own.....
http://www.eeoc.gov/employees/lawsuit.cfm
you do NOT need an attorney at mediation, although you may bring one, (the mediator decides what role if any your attorney may play during the mediation) this is not so much a fact finding as it is an attempt to make sure both sides know the law, understand the law and understand their obligations under the law, it is an attempt to get both sides to communicate and see all the facts.... a very large number of complaints are resolved in mediation simply because both parties have an opportunity to learn what the issues are and how the law applies. many employers and employees do NOT know what discrimination is, and learning what discrimination is in itself resolves many complaints.
http://www.eeoc.gov/employees/mediation.cfm
most of the complaints that are filed with the EEOC are resolved by the EEOC . most complaints that result in a right-to-sue letter immediately following mediation (because the agency does not proceed) are not resolved favorably for the claimant.
most claims that are fully resolved by the EEOC do result in a favorable settlement for the claimant.
http://www.eeoc.gov/eeoc/statistics/enforcement/litigation.cfm |
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Spindrift
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Do not show up at the meeting with an attorney, that will just look bad like you have something to defend and may not be treated fairly or taken at your word; also do not mention a formal apology, don't take a dictatorial stand, be professional polite and courteous and just answer to the best of your ability and be honest and clear and not emotional or with any attitude. |
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