Anyone have experience with EEOC (USA) and mediation?

Post Reply New Topic

The EEOC is taking up my matter as described in the following thread....

Fired on the 4th day

While I must sign and submit my formal charge for discrimination under the ADA (Americans with Disabilities Act), the are offering me the option of mediation.

Pros (that I see) -

1. If both sides agree, we meet with a mediator to try and work out a compromise that both sides are happy with.

2. Likely to have a faster resolution...compared to a full investigation (which might not end in my favor anyhow).

3. Does not require I "prove" discrimination or that I am "disabled" unless the other side won't budge without such proof.

Cons (that I see) -

1. Lets the other side off easy if they've done wrong.

2. Most I can realistically hope to gain is my job back.

3. Not likely to bring change at the corporate level because it'd be resolved with the franchise owner.

***

I don't know if I'm overlooking other factors.

After what they did, I don't know if I would want to go back to work for them or not. It's not like it was a "great" job to fight to keep. Being unemployed, it's better than nothing. I would be concerned about how "welcomed" I would be if I returned to work as compared to being fed enough rope with which to figuratively hang myself.

Thoughts? I have to submit my signed copy in 10 days or they presume they must proceed with the formal investigation.

The thing is do you want to go back there? I personally would not want to be set up to fail.

You dragged out the nuclear arms (EEOC and ADA), and expect everyone to play nice afterwards?

I'd go for a formal investigation, and hope for a big pay out. Remember, if you win in mediation, you can still get fired down the road. Don't believe they won't be gunning for a reason to legally terminate you.

I have had many friends try the ADA law suit route, and nothing has come of it. Hope yours is different. They went through the EEOC also.

That, of course, is the rub....

It wasn't a great job ($8/hour, but it was an opportunity at a time when I was unemployed), so "fighting" for it isn't all it's cracked up to be.

Well, I've given it some thought.

There is a number to call to ask EEOC questions. I might do just that to see what I really stand to gain by mediation in my situation.

IF I choose to do the mediation, I'd ask for this....

Compensation for lost time since being terminated and continued compensation until such time as I find another job paying at least as much as I was making for this employer.

I don't qualify for unemployment benefits because I worked as an independent contractor, so I don't have a check coming in while I'm looking for work. Many places would think nothing of letting someone go because they figure they will just draw unemployment. Since I'm getting nothing, that's my hardship.

I don't know if I could go back to work and ever trust the owners to not try and burn me later down the road. I doubt they would ever agree to an arrangement where they can't fire me without overwhelming proof that I've done something meriting my termination.

I intend to work, and can't stand being unemployed, so the demand to pay me until I find another full-time job might be the best deal they could get if they don't want me back. They retain their freedom and end the matter quickly while I get the monetary support to not be stressing over bills while I keep looking for another job.

In an At-Will environment, to get to Mediation is really a victory.

There's no harm in going to mediation, especially if you are looking for a solution that won't necessarily preserve your job. If you don't want to accept your employer's offer, you can proceed with the charge. However, then you're playing an all-or-nothing game. If you fail to prove the EEOC charge, you would end up with nothing. In any case, you should be working with a lawyer. The first 6 months I negotiated only through my lawyer. My former employer signaled supposed willingness to give me disability retirement, but found all kinds of ways to drag it out. When the time limit (180 days post-termination) was looming, I filed an EEOC charge and signed off on the mediation option. As it turned out, I didn't have to go to mediation. Filing the EEOC charge had the effect of making all the supposed obstacles to giving me disability retirement disappear. They reinstated me an administrative leave, so they could give me the disability retirement. I'm still struggling to find employment, as the disability isn't enough to live on and I hate not working. However, at least I have some income coming in now and I couldn't really go back to that toxic atmosphere.

I know someone else on the spectrum who did go through EEOC mediation. She was enabled to keep her job and her supervisor had to surrender most of her power over her. So, yes, sometimes EEOC mediation can work. Of course, there may be differences when dealing with a private employer. I worked for a city government while my friend works for a non-profit entity.