The client has to decide and understand the risks of going to trial. The strength of the case, as well as the weakness (if any), must be fully explained and understood in order to make a rational decision.
I always tell people not to associate the offers with what the other side thinks of them or what they are worth as a person, that is not it t all (usually). Thanks for the shout out and kind words, Sir!
When I was terminated, I was offered three months wages and benefits. The first counteroff six months later was for three months wages only. The ultimate amount was purely wages and no benefits or damages.
Hi Vincent, love your channel. I've been watching your videos carefully and I appreciate the information you give out and the lighthearted approach as well. I have a question, maybe you can help me out. I'm currently involved in a case. It's in MA not NY, but hopefully you can give me advice anyway. After 15 years with a company, and in steadily rising roles, responsibilities and salaries, I finally ended up working for a person that clearly did not like the cut of my jib. The short of it is that after first firing my boss and me reporting to her directly, she canned me within 2 months of that change. I fall in multiple protected categories; race, national origin, age, and disability (or perceived disability). I'm represented by what I believe is a skilled lawyer who has advanced the case past filing with the EEOC, MCAD, and two other state authorities since the boss is in one state, the employee in another, and the company in a third. I get the impression that my lawyer is focussing on disability as the main line of attack. Shortly after I started reporting to the new boss I revealed to her that I suffered from a chronic condition that falls in the general category of the big "C". Without getting too deep in the weeds my oncologist thinks it's one of those conditions that you die with, not die of, however the treatment is very expensive. Upon finding out about my condition my boss urged me to go on LTD and asked if she could share my information with HR. I said LTD was unnecessary but she could share with HR. a rapid set of meetings and incidents ensued that resulted in me being terminated for "something akin to insubordination". The HR rep and the boss who fired me are no longer with the company, and the company's outside legal counsel is angling for negotiation since before the EEOC filing but more urgently now after the filing. My question is on the focus on disability. My lawyer thinks that proving age discrimination or racial discrimination in this case is harder than disability discrimination since the company could always argue that my boss acted rashly in firing me but not for reasons of age or race. What is your opinion based on this limited set of facts? I look forward to your reply.
I AM whole ❤edly ready to dive into this journey. I am saying no till they hit our number or see them in federal court. Period. Cuz even if i dont win. Seeing my x employer have to dish out money for his attorney and him and his wife have to go thru this process for however long it may take .... and once it will be on public record hoping we can get local newspapers as well as Pittsburgh news channel to take it. Omg to me that will give me so much power. Its not about the money for me its just having ppl see who he is. And my town is small he has kids similar ages to mine go to same school. For once it will feel good for ppl to look at him differently. And maybe tarnish his business along the way. Not being petty either. When u let a s. Harrasser continue for yrs even thou i begged him not to re hire him. That decision hurt 6 other women (3 of those were minors) so ya money would be absolutely amazing for all the trauma ive been thru n stress n anxiety. But the x employer finally getting a small taste of what i felt n the others felt is def a plus! I agree with the statement we def got a shit counter offer n its just motivated us to move on n fight harder!! ❤❤ thanks vince as always. Keeps my mental health n stress about the future of my case low having new stuff to watch all the time whether it pertains to me or not. Im all in learning this stuff!!❤❤
What if in a separation notice a manager states the reason for terminated is that the employee complained to much about physical conditions and varicose veins
Hi Vince, What signal do you read from this situation. Employer offers $20k on termination, counter is $150k, Employer counters $35k. This is before any lawyers got involved. Matter now in Court.
I'm not Vince, but you boxed yourself in some where in the middle. Without knowing anything else, my lay persons guess is that you're going to get $55K.
Hi Vincent, thank you for the informative videos. I would appreciate your response to my question. My charge transferred from EEOC to Commission on Civil Rights of the ….. state, is it good or bad?
My deposition went well but on my mediation my lawyer wasn't aggressively demanding and we never communicate and sat dow and talk about my case he was going through my case on a mediation and mediator said defense lawyer and hr are ready to leave than he took a counter offer and my lawyer told me he didn't made any $$ on this case i will loose on a trail and loose my house if i wasn't able to pay,but we never say down and talk about pro,and cons,about my case u are my lawyer u should know he got upset for me saying that
It sounds like there was a conflict of interest concern in regards to an affair (the letter). if discrimination is also linked to someone moving up the ladder due to this, will that be brought up in court along with the people involved?
If you're talking about the federal EEOC process and you don't have an attorney, the safer option is typically to request the hearing in front of the AJ. If you do have an attorney, it might, depending on the circumstances, be faster to go directly to district court than see the federal sector hearing and appeal process all the way through. Once the Agency has completed its investigation you have the options to 1) Request a Hearing; or 2) Waive your right to hearing and ask for a Final Agency Decision (FAD). If you do request a hearing, you can always later choose to withdrawal your hearing request, obtain a FAD, and then go to federal court on the FAD. The point of requesting the hearing is to have a non-Agency decision-maker and an opportunity to develop the record (e.g. through discovery) since most federal agencies could not develop an adequate factual record during an investigation if their Congressional funding depended on it. If you do not act in time, you waive your right to request a hearing and the Agency will issue a FAD. At that juncture you can appeal to the EEOC Office of Federal Operations (OFO) or skip the appeal and go directly to federal court. If you choose to appeal to the EEOC OFO and believe their decision to be mistaken, you can still go to federal court and pursue your claims in a de novo proceeding.
@@Shiz20136 That's a decision to make with your attorney. The Federal EEO administrative process is longer, but there is an advantage in that the Agency is bound by those results (and cannot go to court if they do not like the EEOC OFO decision) where as you have the right to kick off a de novo proceeding in district court if you want. In some sense, a plaintiff who fully participates in the federal EEO administrative process and ends up with a bad result can get a second bite at the apple and multiple passes at discovery.
U are right my lawyer said to take the last offer and i am not happy as defense lawyer was all over mh lawyer and instead of helping me he said i will never win they are ready to go all the way so do i but lawyer said to get another lawyer he doesn't want to represent me
Mr. White, my employer held a meeting telling us we couldn't talk about pay except to him. 3 days later held another affirming that we couldn't dicuss pay and may us sign a for stating such. 2 day later I was fired for discussing pay. I have all 3 incidents clearly on video and audio, as well as a picture of the form they made us sign. I have never had a write up or a talking to, I'm also a supervisor. I live in idaho. What would you say about my case that I may need in order to have maximum bargaining power?
@@ProspectSlim I am not a lawyer, but it still sounds like it could be unlawful termination. That would be the cause of action; damages would include back pay, front pay, possibly emotional damage depending on factors, and should (IMO) include the cost of litigation. Assuming this was in the US, which there's no reason to not assume such, discussing pay with coworkers is generally a protected activity. Unfortunately from what little I know, violating the FLRA carries a lesser penalty than the ADA.
@@mathwizardwithdistantlearning that's the title, but I'm more of a team lead. My shop has been so short staffed since I took over that I've rarely supervised anything. Our current attorney said with all the recordings it's a slam dunk.
Vince, Can you bring discriminatory comments / actions into your case that are beyond the statue period if the discrimination continues and you finally say enough is enough and file ? Another words showing a continuous pattern. Thank you.
“I will burn all this down I will go to trail”😂 ME! 7:25
This was the advice I needed right now. Thank you.
I love this channel. I know you're dead serious, and right about everything you're saying....but you are HILARIOUS🤣🤣🤣
Same! 😂 😂
@@123NopeNotMewhen I need a pick me up and some applicable advice for "educational purposes" only, this page is my new go to🤣
He is amazing
the plain face "that is not the law Michael" got me rofl
The client has to decide and understand the risks of going to trial. The strength of the case, as well as the weakness (if any), must be fully explained and understood in order to make a rational decision.
Hi @A.R.American-ic4co - I would have thought that the number of cases won at trial would be much higher.
I always tell people not to associate the offers with what the other side thinks of them or what they are worth as a person, that is not it t all (usually).
Thanks for the shout out and kind words, Sir!
I thought the sign in the back said McJobAttorney lol.
🎧
Good information, thanks.
When I was terminated, I was offered three months wages and benefits. The first counteroff six months later was for three months wages only. The ultimate amount was purely wages and no benefits or damages.
I can’t believe that I caught a live and great subject
Hi Vincent, love your channel. I've been watching your videos carefully and I appreciate the information you give out and the lighthearted approach as well. I have a question, maybe you can help me out. I'm currently involved in a case. It's in MA not NY, but hopefully you can give me advice anyway. After 15 years with a company, and in steadily rising roles, responsibilities and salaries, I finally ended up working for a person that clearly did not like the cut of my jib. The short of it is that after first firing my boss and me reporting to her directly, she canned me within 2 months of that change. I fall in multiple protected categories; race, national origin, age, and disability (or perceived disability). I'm represented by what I believe is a skilled lawyer who has advanced the case past filing with the EEOC, MCAD, and two other state authorities since the boss is in one state, the employee in another, and the company in a third. I get the impression that my lawyer is focussing on disability as the main line of attack. Shortly after I started reporting to the new boss I revealed to her that I suffered from a chronic condition that falls in the general category of the big "C". Without getting too deep in the weeds my oncologist thinks it's one of those conditions that you die with, not die of, however the treatment is very expensive. Upon finding out about my condition my boss urged me to go on LTD and asked if she could share my information with HR. I said LTD was unnecessary but she could share with HR. a rapid set of meetings and incidents ensued that resulted in me being terminated for "something akin to insubordination". The HR rep and the boss who fired me are no longer with the company, and the company's outside legal counsel is angling for negotiation since before the EEOC filing but more urgently now after the filing. My question is on the focus on disability. My lawyer thinks that proving age discrimination or racial discrimination in this case is harder than disability discrimination since the company could always argue that my boss acted rashly in firing me but not for reasons of age or race. What is your opinion based on this limited set of facts? I look forward to your reply.
I AM whole ❤edly ready to dive into this journey. I am saying no till they hit our number or see them in federal court. Period. Cuz even if i dont win. Seeing my x employer have to dish out money for his attorney and him and his wife have to go thru this process for however long it may take .... and once it will be on public record hoping we can get local newspapers as well as Pittsburgh news channel to take it. Omg to me that will give me so much power. Its not about the money for me its just having ppl see who he is. And my town is small he has kids similar ages to mine go to same school. For once it will feel good for ppl to look at him differently. And maybe tarnish his business along the way. Not being petty either. When u let a s. Harrasser continue for yrs even thou i begged him not to re hire him. That decision hurt 6 other women (3 of those were minors) so ya money would be absolutely amazing for all the trauma ive been thru n stress n anxiety. But the x employer finally getting a small taste of what i felt n the others felt is def a plus! I agree with the statement we def got a shit counter offer n its just motivated us to move on n fight harder!! ❤❤ thanks vince as always. Keeps my mental health n stress about the future of my case low having new stuff to watch all the time whether it pertains to me or not. Im all in learning this stuff!!❤❤
What if in a separation notice a manager states the reason for terminated is that the employee complained to much about physical conditions and varicose veins
Hi Vince, What signal do you read from this situation. Employer offers $20k on termination, counter is $150k, Employer counters $35k. This is before any lawyers got involved. Matter now in Court.
I'm not Vince, but you boxed yourself in some where in the middle. Without knowing anything else, my lay persons guess is that you're going to get $55K.
@@ProSePlaintiff lawyer is taking 40%.
How do you explain a decent first counter-offer and then the brakes?
What does it mean when the EEO investigator say “your case is comprehensive” how does Vince white interpret that
What if you have with severe medical records l, text messages over the hostile environment , and right after getting fired by that same manager ?
Vince and Michael need to have an MMA match.
LOOKS LIKE MY ROOM WILL i BE A LAWYER ONE DAY?
@@ProSePlaintiff The only market I know is the one selling oranges.
Vince how i go beyond to file a complaint about my lawyer ,can i hire another lawyer to go about
Do Judges ever set a award for Plaintiff if they find Defendants did break laws? Like after Summary Judgment conclusion?
Hi Vincent, thank you for the informative videos. I would appreciate your response to my question. My charge transferred from EEOC to Commission on Civil Rights of the ….. state, is it good or bad?
My deposition went well but on my mediation my lawyer wasn't aggressively demanding and we never communicate and sat dow and talk about my case he was going through my case on a mediation and mediator said defense lawyer and hr are ready to leave than he took a counter offer and my lawyer told me he didn't made any $$ on this case i will loose on a trail and loose my house if i wasn't able to pay,but we never say down and talk about pro,and cons,about my case u are my lawyer u should know he got upset for me saying that
It sounds like there was a conflict of interest concern in regards to an affair (the letter). if discrimination is also linked to someone moving up the ladder due to this, will that be brought up in court along with the people involved?
Can you talk a about hearing in front of AJ vs. Going to federal court and when one is better option than the other?
If you're talking about the federal EEOC process and you don't have an attorney, the safer option is typically to request the hearing in front of the AJ. If you do have an attorney, it might, depending on the circumstances, be faster to go directly to district court than see the federal sector hearing and appeal process all the way through.
Once the Agency has completed its investigation you have the options to 1) Request a Hearing; or 2) Waive your right to hearing and ask for a Final Agency Decision (FAD).
If you do request a hearing, you can always later choose to withdrawal your hearing request, obtain a FAD, and then go to federal court on the FAD. The point of requesting the hearing is to have a non-Agency decision-maker and an opportunity to develop the record (e.g. through discovery) since most federal agencies could not develop an adequate factual record during an investigation if their Congressional funding depended on it.
If you do not act in time, you waive your right to request a hearing and the Agency will issue a FAD. At that juncture you can appeal to the EEOC Office of Federal Operations (OFO) or skip the appeal and go directly to federal court.
If you choose to appeal to the EEOC OFO and believe their decision to be mistaken, you can still go to federal court and pursue your claims in a de novo proceeding.
@@johnworfin I do have an attorney. In what circumstances in your opinion is it better to go directly to federal court instead of a hearing?
@@Shiz20136 That's a decision to make with your attorney.
The Federal EEO administrative process is longer, but there is an advantage in that the Agency is bound by those results (and cannot go to court if they do not like the EEOC OFO decision) where as you have the right to kick off a de novo proceeding in district court if you want.
In some sense, a plaintiff who fully participates in the federal EEO administrative process and ends up with a bad result can get a second bite at the apple and multiple passes at discovery.
U are right my lawyer said to take the last offer and i am not happy as defense lawyer was all over mh lawyer and instead of helping me he said i will never win they are ready to go all the way so do i but lawyer said to get another lawyer he doesn't want to represent me
But tell me really how you feel about Michael W.
Mr. White,
my employer held a meeting telling us we couldn't talk about pay except to him.
3 days later held another affirming that we couldn't dicuss pay and may us sign a for stating such.
2 day later I was fired for discussing pay.
I have all 3 incidents clearly on video and audio, as well as a picture of the form they made us sign.
I have never had a write up or a talking to, I'm also a supervisor.
I live in idaho.
What would you say about my case that I may need in order to have maximum bargaining power?
What is your cause of action?
@@ProspectSlim
I am not a lawyer, but it still sounds like it could be unlawful termination.
That would be the cause of action; damages would include back pay, front pay, possibly emotional damage depending on factors, and should (IMO) include the cost of litigation.
Assuming this was in the US, which there's no reason to not assume such, discussing pay with coworkers is generally a protected activity. Unfortunately from what little I know, violating the FLRA carries a lesser penalty than the ADA.
NLRB can’t be fired for discussing pay. However, you are a supervisor, you represent the interest of the employer.
@@mathwizardwithdistantlearning that's the title, but I'm more of a team lead. My shop has been so short staffed since I took over that I've rarely supervised anything.
Our current attorney said with all the recordings it's a slam dunk.
@@OctupleThreat our litigation is operating on contingency fee.
Vince, Can you bring discriminatory comments / actions into your case that are beyond the statue period if the discrimination continues and you finally say enough is enough and file ? Another words showing a continuous pattern.
Thank you.
The thumbnail looks like you have a top bun with chopsticks in your hair lol
That's the Asian Vince.
Poor Vincent wasting he’s time being a real lawyer istead of entertainment us with more videos and shorts :( cmon man
Vince where's my 5 mill 💸💵💲🤨?