My attorney sent my former employer a settlement letter by mail asking him if he wanted to settle before a Virginia code 65.2-308 lawsuit is filed. She sent it to him and then sent me a copy. She did not let me see it before it was mailed to him. In the letter she shows a "claim resolution" where she asks for my lost wages and her attorney fees to be paid by my former employer. I have no problem with these parts. But the last "claim resolution" states: "re-characterization of her termination as a mutual separation." This is the part I do not like because I have filed a EEOC charge of retaliation back in July of 2013. I am waiting for the EEOC to respond. I will use a different lawyer for the EEOC charge because this lawyer does not handle EEOC matters. Will the "mutual separation termination" in this matter hurt me if the EEOC sends me a letter saying I have a case and can sue my former employer in federal court for the EEOC retaliation? Can my former employer claim I signed a settlement agreement where I agreed to a "mutual separation termination?" Will this destroy my EEOC charge?
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Virginia code 65.2-308 and mutual separation termination
- Thread Starter patty1969
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army judge
Super Moderator
I suggest you seek a legal opinion from YOUR current lawyer.
Ask her the questions you've posed here, and ask her to respond with a written legal opinion.
Be advised, EEOC lawsuits take years to resolve, and few are resolved favorably to the plaintiff.
On average, assuming it gets docketed, it'll take about five years to reach trial stage.
It took me six years to litigate and prevail in one for my dad.
I had the assistance if one of the top employment law firms in the US.
It took another 18 months before he received his award.
Ask her the questions you've posed here, and ask her to respond with a written legal opinion.
Be advised, EEOC lawsuits take years to resolve, and few are resolved favorably to the plaintiff.
On average, assuming it gets docketed, it'll take about five years to reach trial stage.
It took me six years to litigate and prevail in one for my dad.
I had the assistance if one of the top employment law firms in the US.
It took another 18 months before he received his award.
Yes, a settlement agreement in a WC case CAN affect a claim for other reasons. In fact, one of the main reasons employers agree to settlements in the first place is to avoid having to deal with fighting future claims on other grounds. Even if they are in the right and know it, claims can drag out and become expensive to fight. You absolutely need to talk to your current attorney about wording the agreement to preserve any rights which you plan to assert. Your employer may or may not agree to such a limited settlement but at least you know where it stands.
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