Do I appeal EEOC? Do I accept offer? Do I take right to sue letter?

DO I accept offer from fact finding meeting which EEOC was going to send me with right to sue letter. EMployer offered 1000 I countered with 4000 they offered 1400. Orginal amt asked much much higher but to avoid court would settle for fees created from wrongful discharge. Should I take right to sue letter..have attorney write letter requesting a larger amount or they dont accept my offer I will continue case to court? or take money and sign off?

2 answers  |  asked Nov 2, 2011 6:21 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, there are several normal opportunities to settle a discrimination claim; one of them is at the fact finding meeting with the EEOC. If you do not settle now, it is likely that the case would not settle for a long time to come. If the value of the case is only $4,000 in your mind, $1,400 is a good settlement at this juncture, even if it does not cover your total losses. You will expend far more than the remaining $2,600 of your losses in pursuing the case in court.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Nov 3, 2011 09:32 AM [EST]
Harold Goldner
It costs at least $350 to file a complaint in Federal Court. It costs about $600 per deposition (sworn statement) and two thirds of employment discrimination cases filed are dismissed on Summary Judgment before the Plaintiff ever sets eyes on a courtroom or jury.

If you yourself believe the claim is worth no more than $4,000, counsel fees will leave you with even less.

Without any information whatsoever about your case, because you have provided absolutely no information about whether the case is meritorious, just the money discussed, I cannot possibly assess the legal merits of your case, but I can tell you from a purely business standpoint, take the money and run.

posted by Harold Goldner  |  Nov 3, 2011 08:05 AM [EST]

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