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Take Advantage of EEOC / DFEH Mediation

8/21/2012

 
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Often, after an aggrieved employee files a discrimination charge with EEOC or DFEH, the agency invites both parties for a mediation. This is a voluntary proceeding and both parties - the employee and the employer must agree to participate in order for it to take place.   

There is a number of compelling reasons why you should take advantage of the mediation process, if the employer agrees to participate as well:

* EEOC Mediation is a proven tool to resolve employment cases before a lot of effort and resources are invested into it. This can be beneficial to both employees and employers. By coming to the mediation table, you retain significant amount of control over the outcome, rather than living your case to the mercy of court/jury. Since statistically, over 75% of Plaintiffs lose their employment case, the advantages of early negotiations are significant.
* EEOC / DFEH mediation is usually free, while private mediators charge up to $3,000 or more per party per day.  
* EEOC/DFEH mediation allows you to resolve your case much sooner, and there is simply no price tag on avoiding the litigation process which can be stressful and time consuming, and at the very least you should explore and early resolution of your case. This is especially true if you are still employed with the same employer against whom you filed a discrimination charge.
* At the end of the mediation you don't have to settle your case, if you don't want to. However, at a minimum, you will find out the employer's position, and the arguments/defenses they are likely to use if you chose to file your case in court and litigate.
* An experienced employment attorney should do the following in order to effectively represent you in your case:
(a) Meet with you in person and thoroughly understand the facts of your case.
(b) Candidly and openly advise you how the law applies to your case, and inform you of the strengths and the weaknesses of your case, and remind you that no employment case is perfect, and proving the employer's liability is a challenge in most cases. 
(c)  Explain to you exactly how the mediation works and answer any questions you might have about the process.
(d) Attend your mediation with you and facilitate the process. 

If you decide to attend EEOC/DFEH mediation on your own and without legal representation, at the very least, you should meet with an experienced employment attorney who should evaluate your case and advise you on the best negotiation and mediation strategies you can use given the unique circumstances of your case. 

The bottom line is this: you have nothing to lose and a lot to gain by attending DFEH/EEOC mediation. Chances are that you will settle your case and will close that chapter of your life. But even if you don't, at the very minimum you will have a preview of the employer's position on your case and will make a more informed decision about the merits of your case.


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case