How to Negotiate a Discrimination Settlement
Thousands of people are discriminated against and released from their job every day for no apparent reason. Sadly, many of these cases go unreported because the victims are not sure how to resolve the issue or how to record and gather enough information to prove their case. However, many victims of discrimination could be eligible for settlements that could compensate for the loss of their jobs and the added financial pressure that comes with sudden unemployment. If you feel you have been discriminated against and fired for no apparent reason, you may have a case. Here are some steps to take.
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Things You'll Need
- Proof of discrimination, written reports, documents etc.
- Possible witnesses
Instructions
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Steps
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1
Make sure you have collected and reviewed all the facts regarding your discrimination case. This includes your recorded documentation, harassment incidents and reports, and testimonies of ex-employees (if available) who have experienced similar incidents. Also make sure that you have calculated the cost of financial, emotional, and psychological trauma you have experienced due to discrimination and job severance.
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2
Connect with your lawyer to discuss your case and possible settlement packages. Consider your most critical needs in terms of survival. What must you absolutely have in order to survive with some degree of comfort after severance? In addition to money, you may request a short term continuation of health insurance. (Reference 1) Try to get the best settlement package possible for your ordeal.
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3
Present your case with strong evidence of discrimination. Engage the discriminating company with enough recorded proof in order to severely weaken its counter arguments. Include, days and times of the harassment and discrimination, the conditions under which it occurred, the day that you were fired, and under what circumstances. However, it is important that you have presented your lawyer with a work record of good attendance, performance, and productivity so that these issues will not be used against you. Nothing can be more damaging to a discrimination case than a bad work ethic.
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4
Request a payment offer from the company, if possible. However, you will not accept this offer at the time of the request. Instead this request will give you and your lawyer an advantage. You will then have an idea of the amount of money the company is willing to offer for a settlement. The secret of knowing what the defendant company is willing to offer will prevent you from accepting a settlement package lower than what you are entitled. For example, if your defendant offers 50,000 dollars, you would regret having settled for only 30,000 dollars. This is the reason to try to get the defendant to negotiate the first offer.
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Attempt to agree upon a comprehensive and fair settlement amount, if the defendant has agreed to settle. You should have pre-established boundaries, but you should also be willing to both give and receive reasonable concessions to reach a satisfactory agreement. A fair settlement should be enough to provide some degree of financial comfort over time, to pay attorney fees, and to compensate for the psychological and emotional trauma resulting from discrimination and job severance.
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Tips & Warnings
Determine if you have enough patience and money to endure a litigation case if the company refuses to settle. This will be a major delay. The process of litigation will be long, draining, and fairly expensive. Attorney fees will also multiply.
Make sure you have maintained a clean track record with regard to a good work ethic and being a team player. Constantly getting fired for misconduct, attendance, or breaking company policies will surely count against you.
References
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Comments
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Good reading material.
