I was harassed and stalked by a volunteer/coworker and my boss did nothing because she is a friend of the harasser. I filed a eeo claim now I'm being transferred. We will be having a mediation an I want them to not prevent me from getting unemployment if

Should I stipulate during my mediation that they are not to appeal a request for unemployment if the need arises? Also how much should I ask for monetarily during the mediation?

1 answer  |  asked Apr 2, 2016 10:37 PM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
That's not nearly enough details for me to even guess what an appropriate settlement amount would be. There are many factors, such as: (a) how severe the volunteer/coworker's conduct was; (b) when and how you complained to your boss or others; (c) whether the company has a harassment policy, and what it tells you to do in this situation; (d) whether things were bad enough that your resignation equals "constructive discharge" (i.e. the law would treat you as if you had been fired); (d) whether you have suffered any mental or physical effects of the harassment and if yo have obtained treatment (i.e. seeing a therapist, or suffering from sleeplessness, loss of appetite, anxiety, panic attacks, etc. and consulted you primary care physician); (e) what your prospects are for obtaining comparable new employment. These are just a few of the factors that can affect the value of your case. You will also need to consider issues like the company's typical response to claims - will they settle at a reasonable number, or is it their philosophy to spend whatever it takes for their lawyers to fight every claim. And think as well about your own priorities. Are you okay with a lengthy legal battle, or would you prefer to compromise on a much lower number in settlement and put the matter behind you? You will need to either come up with a number on your own taking these things into consideration, or consult with an attorney either to evaluate your case and advise you prior to the mediation, or to go to the mediation with you and represent you. Of course, if you hire an attorney, you will then have to pay your attorney, either a percentage of the settlement amount, or an hourly fee.

posted by Phyllis Towzey  |  Apr 3, 2016 08:50 AM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?