#EEOC Tips for Workers: I Didn't Settle, but I Learned Some Stuff

I’m not an attorney, and my case didn’t settle... so, in this requested video I’m gonna hook you up with some good resources that can help YOU negotiate a fair settlement and give you my perspective on some of the questions that all of us had about settlement. First, the RESOURCES: STRATEGY & TACTICS- https://repository.usfca.edu/cgi/view... https://www.masonbullock.co.uk/negoti... https://rothadr.com/wp-content/upload... HELP FOR WRITING SETTLEMENT AGREEMENTS- https://feltg.com/tips-for-drafting-e... GOOD OVERALL-   / negotiating-and-settling-your-discriminati...   (at the bottom of this page) and I’m gonna talk about the settlement questions we all have when going through the process. I fumbled my way through them & share what I learned in this video. Please share your insight in the comments! THE PROCESS- https://www.eeoc.gov/employers/resolv... http://eeo21.com/settlement.html https://www.fedweek.com/issue-briefs/... THE QUESTIONS- ...Will my employer try to settle?  Employers almost always try to work something out, in the informal stage, where settling usually means they stop the discrimination, and you stay happily employed. There are two kinds of cases that don’t settle at the informal stage.  The first are cases without merit.  The second are the really strong cases.  When an employer knows they can’t win, their strategy is to drag their feet, to put off losing and paying you for as long as possible. Maybe you’ll give up before they have to... If you can’t resolve your complaint at the informal stage, and end up filing a formal EEOC claim, a settlement offer probably won't happen for awhile. ...How much can I expect my employer to offer?   EEOC mediation boasts an average monetary settlement of around $40K.   But in 35-50% of those cases, the employee ends up settling for no monetary award. At some federal Agencies, the odds of settling are worse than that, and average settlements are way less than $40K. (If you go all the way to a hearing, the odds are even worse. ) NASA settles about 11% of all its complaints. Their average monetary settlement is less than $20K, which is about what they offered me. If you want to know your Agency’s stats, check here:   https://www.eeoc.gov/federal-sector/a... https://www.eeoc.gov/federal-sector/r... ...When DO most employers try to settle?  If your case goes to mediation, you’ll prob work something out sooner than the rest of us. Otherwise, your best chance to settle is probably going to be just after summary judgment, if you prevail. Prevailing on SJ gives you a lot of leverage in settlement negotiations. NASA made their offer just after I prevailed. BONUS: It's also a good time to try to find an attorney on contingency. Attorneys get friendlier, once you’re past summary judgement. ...Do I submit a counter-offer, and how much should I ask for? NASA’s offer wasn't enough to cover my attorney fees, a deal-breaker. We all have things we just can’t compromise on. Knowing yours will simplify decisions about whether to accept an offer.     To pull together a counter-offer, you should know roughly WHAT YOUR CASE IS WORTH.   NEED HELP FIGURING THAT OUT? https://www.fedweek.com/issue-briefs/... https://employstats.com/wp-content/up... https://www.indeed.com/career-advice/... https://quickbooks.intuit.com/r/payro... Most of my harm was non-pecuniary (non-monetary) so I had no idea what to ask for. And my attorney asked ME for a number! I looked for comps, like in real estate, when you’re trying to figure how much houses in your neighborhood are selling for. I searched for claims in the federal sector that were like mine. The comps showed that non-pecuniary awards of $40-60K were pretty common for my sort of complaint. My attorney tried to talk me down, but I told her exactly why cases like mine were worth that much. She suggested asking for the maximum award. So we did. And we got it. My video about HOW I proved my damages:    • Tips for Claiming Non-pecuniary Damages at...   The main thing? Don't forget there’s no do-overs in a settlement. Once you sign, it’s over. Before you sign, be sure you can live with everything in your settlement agreement. ---- Opinions are my own. Not LEGAL advice. I share my perspective as an employee who went through the EEOC claims process & won. I am not an expert. ALways do your own research. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY.