Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
A mediator (impartial third party) gets the former employee and employer into a room (with their attorneys, if they have them) and gets them to talk about their positions and see if they can't be resolved without more formal legal proceedings. Each party has a chance to talk to the mediator confidentially and the mediator will give them his/her thoughts on their case and how much (if anything) the case is worth. It is a voluntary process (meaning you are not forced to follow the mediator's recommendations or settle your case at that time).
A friend of mine is a lawyer who manages mediations. She's had a lot of cases where the people refused to be realistic in settling their cases at mediation who walked away empty-handed in the courtroom.
I've been through a mediation in an auto accident insurance case, so I'm familiar with the general process.
I'm specifically interested to know what this is like with the EEOC. They represent you but I can't help wondering if you get what you pay for-in this case, nothing.
I knew someone who brought an EEOC case against her former employer for sexual harrassment. She had quit due to an increasingly hostile work environment. She had two witnesses, one who backed out at the last minute. She was seeking punitive damages and back pay, including pay she alleged she would ahve gotten if she had gotten a promotion she claimed she was denied because of her gender.
She got the back pay, but not the promotion pay as the employer was able to prove that the male who got the promotion was more qualified. She got no punative damages, however the employer was fined.
The reason she prevailed at all was because the one boss had made repeated comments about her clothing, that she'd get more sales if she wore her clothes tighter or unbuttoned her blouse more. He had also told sexually explicit jokes at sales meetings.
I worked for that comany for a short time befor the manager was a manager, and he was a pig then, so I'm sure it only got worse. Had I known she was bringing the action before it was said and done I would have gladly been a witness for her.
My husband was fired due to a disability--EEOC was definitely against us and on the employer's side--they wouldn't set up a mediation and didn't care that his boss wouldn't return his calls or email messages about returning to work (when he was still employed) with the disability. EEOC is a scam--what a waste of time and energy.
The EEOC is a dog and pony show. Unless your friend has concrete proof he was discriminated against, it will be difficult to prove. The Mediator will listen to both sides, and everyone is in the room at the same time, so you can hear what the other person says, and they hear you. Often Union and HR representatives are there as well. Sometimes they talk to the mediator, and the other parties have to leave the room. Even if the decision is favorable, that does not mean your friend gets the job back, or back pay, that is a separate issue that is determined by another board.
EEOC mediation ALWAYS favors the company and refuses to listen to the employees dollar demands. Tells you that the company will not meet your demands. When you lower your monetary demands to pennies on the dollar, then the mediator acts interested and the company counter offers peanuts. It is all prearranged between the mediator and the company. If you feel you have a case, hire a lawyer and sue. Mediation is a BIG joke. All you will get is screwed.
I filed a sexual harassment claim to Eeoc . We went to mediation . It was a big joke . I had tons of text messages as the evidences . It did not fly . The employer did not offer me money . I and my attorneys left . They said what my ex manager did to me was not a sexual harassment . His bad behavior was not the company responsibility
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
