Is it wise to go to mediation without receiving the employer's position statement?
Вставка
- Опубліковано 28 вер 2024
- I do track the comments on these videos and I try to respond within 24 hours so please feel free to reach out but be careful not to share identifying information about yourself on this publicly viewable forum.
Consider hitting the like and subscribe buttons or even just commenting down below, doing so helps me to help more people just like you.
You can obtain additional information about our firm here: www.NYCJobAtto...
You can see our cases in the press here: www.nycjobatto...
And you can find us on facebook here: / nycjobattorney
Everybody works - but not everybody wins.
Some jurisdictions may consider this attorney advertising, although advertising is not the intent of these videos.
If you have a question about employment law, workplace discrimination or sexual harassment please do not hesitate to contact us. We will try to craft a video response for you, or where more appropriate we are happy to have a private conversation.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
Great content and very useful. Thanks Vincent.
I'm curious about why federal law gives the EEOC the power to stick its nose into every potential discrimination lawsuit. Gov. always has ulterior motives. It may be that the EEOC process serves to weed out the trivial claims to keep the federal courts unclogged. BUT, this process can also allow the gov. to run interference and give government-favored companies an early warning system, such as companies that have huge contracts with gov. agencies. This kind of manipulation is very common but most people don't see it.
It’s simply just hire a private attorney and stop being paranoid about cronyism.
hey Vince!! nice shirt
Then how to you do an opening statement without taking a stance? 😮
My company just sent over a position statement
Did they paint in an unflattering light?
@@twinsweare2 yep!
Hey Vince, First, thanks for all you’ve taught us and helped with. Second, filed my complaint via the companies complaint platform (arbitration agreement). In the response from the companies outside counsel he requested that since the complaint is in their platform and we also have the EEOC complaint inflight that we drop the EEOC complaint. Is this a tactic or just consolidation effort; thoughts?
Speak to your attorney, but generally speaking I would not see a need to drop the EEOC complaint.
Martinez Margaret Jackson Jeffrey Martinez Ronald
What does it imply to a the court or a judge, when you have an employer who cannot provide non-discriminatory reasons promptly to justify an adverse action???
It implies that "someone" did something they shouldn't have done, and that they hope someone won't ask, or especially find out. Shame on the employer. In this situation, "less" becomes "more." 😊
If they invite the plaintiff to mediation how long does it take for the employer to say yay or nay to mediation. You say EEOC is kind of toothless but don't they have power to subpoena?
In certain situations they can, but the power isn't worth much if they almost never exercise it.
@@JobAttorneythey asked me on a form if I wanted a mediation what happens if I say no?
I have watched a few of your videos and like that you are straight forward with your replies. Greatly appreciate your expertise. I have a case with charges of 1) retaliation and 2) age discimination. I agreed to mediate, so does that mean my former employer doesn't have to provide a Position Statement?
My employer keeps asking for extensions after the deadline has passed. Does this help me going forward that they are reluctant to respond when they are presumably guilty ?
Hi Vince! Thanks for another great video. You manage to pack so much information into a short amount of time. I am currently going through a workplace legal nightmare and your videos have been a blessing. I was wondering if you could do a video on the dynamics of the Employer/Union/Employee relationship/duties.
In short, my situation involves a Union President who colluded with 2 Administrators (neither was the Superintendent) to put me on a plan that was not part of my contract (designed by the Administrators AND the Union President) and used the plan to target me. Several Union Representatives tried to help me, and when the Union President found out, she banned them from helping me. I filed a charge with my state's Department of Labor Relations, and then the Union President told the Superintendent, and I got fired by the Superintendent the day after I filed the charge against the Union. So now there's litigation with the Employer and the Union. Will any settlement agreements with one party affect my settlement with the other in any capacity?
I know you try to do videos that will help the most people and that my situation is probably uncommon, so I understand if a video on this topic is not a priority. I will continue to be a huge fan of your videos no matter what! Thank you for making them!
Also, if you are able to do a video on this, please omit my name (:
I’m former employer knew that I had a speech impediment and I was told that I needed to tell everyone that I had a speech impairment and I have it all on text message can I ask for mediation