discrimination complaint-respondent made settlement offer

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dissed

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I was terminated for insubordination. I believe my employer was discriminatory. I was written up for telling a co-worker about my history of addiction. In the write up it states that my health information is "inappropriate". I believe that as a recovering addict I am covered under the Americans with Disabilities act. I attempted to resolve the issue through corporate compliance, but they never did an investigation. I am now working with the EEOC. My employer's attorney made a settlement offer in the amount of $1500 and a "neutral letter of reference". We are scheduled for a conference on 7/29.I feel the settlement offer is ridiculous, but I don't know what to counter offer. I would appreciate any information that may help me decide on a counter. I was terminated on 4/9, so it has been about 16 weeks now.I have been receiving unemployment. When I tally what I would have earned during this period I come up with $6777.00. That is salary minus unemployment, benefits and 401K contributions. I think I should be entitled to emotional damages as well. Any help I can receive in reaching a decision for a counter offer would be appreciated.
 
This is neither a DIY nor a message board issue. This is a get yourself some legal representation stuff as anything you sign is probably legally binding and you will want someone to explain the ramifications.
 
DISSED . . .

All evidence to the contrary; you DO KNOW what to "counter" with and have even set it out nicely in your own words in your post but are somehow not seeing what I think is a very sound and reasonable argument and hopefully a solution to this stand-off.

The $6777.00 figure apart, the deduction used to arrive at this number is what makes it a realistic and palpable number, one that any attorney worth his shingles will readily advise client of its acceptance, even when the figure is augmented by the addition of missed 401K contributions. You are in a very good position in this legal proceeding when you take into account the fact that other side has even offered $1500 plus a letter of recommendation to settle the suit. So do not go shooting yourself in the foot or pull defeat from the jaws of victory by also claiming compensation for emotional wear-and-tear, or "emotional damages" as you have put it.

First of all, NO! You are not "entitled" to compensation for emotional distress simply because no such cause of action has accrued or caused to have accrued by the defendant. That apart, the standards of review and proof for an Infliction of Emotional Distress cause of action are set so high so as to require a showing of an adverse physical manifestation of the distress. Also, the conduct causing emotional distress has to be so outrageous that it exceeds the boundaries of decent and civilized society, and there simply has not been such a conduct by the defendant in this case.

Now, let's presume you meet and satisfy the elemental requirements of this tort such that you would prima facie prevail on the claim. But if you did not include Infliction of Emotional Distress as a cause of action in your original complaint, then you are procedurally barred from making such a claim against this defendant, even by amendments to the complaint.

"A claim not made is considered waived!"

So, stick with the $6777.00 "counter" having at the ready a writing which explains how you arrived at such a figure and you should be alright on the night.

fredrikklaw
 
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