How do I formulate my demand for mediation? Is mediation an interrogation?
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- Опубликовано: 12 июл 2023
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O...M...G lets just say I needed to come here today (😍🧐🥰) Thanks, Mr. White.
I love your channel too Vince!
Youre doing a good job redeaming you r profession. Attorneys should be this lucid and honest.
🤗Thank you!🥰
Vince,I Just went through mediation with Judge yesterday (I hear your cat, she sounds like my cat!) , and sellers sued me to keep my $20,000 earnest money. So I included the realtor because the realtor did not disclose unpermitted work. Neither did the sellers. The Realtor also misrepresented the square footage and signed a disclosure for her elevated square footage. The realtors' insurance carrier said they would just give me my $20K back and give the sellers another 20K probably because the realtor encouraged them to sue me to keep my money. We are going to trial, but I don't want to.
My Lawyer said they never really go past what you were making per year in lost wages and emotional and punitive damages are rarely negotiated in mediation we’d have to go to court to see more
And you think you will win?
Vince you just nailed it.
That is exactly how I feel it is like some of the people i have told my story to hear me as the teacher from that children's cartoon with the no football kicking kid.
Even when some people report their story to law enforcement and include the applicable Criminal Codes they are claiming to be the victim of, the investigators still say they see no crime.
It seems like they have legal selective hearing.
A hypothetical example would be if a criminal code for the hypothetical state of Butter says that stealing and eating someone else's toast is a felony and that codes number is BCC444 and another criminal code says it is illegal to serve burnt toast to any person in the state of Butter and that codes number is BCC234.
Now hypothetically Mr Doe is from the hypothetical state of Cranberry and is visiting and working in the state of Butter.
One day at work Mr. Doe is served burnt toast and before he can finish eating it his supervisor steals the toast from him and eats it in front of him.
Now Mr. Doe is offended by the actions of his employer and he researches the criminal codes for the state of Butter and discover BCC444 and BCC234 and reports the offenses as defined in the criminal code to the local law enforcement that has jurisdiction and the officers tell Mr. Doe they don't see any crime. And they refuse to file a police report.
Could this be happening because of total disparity of citizenship between states for the parties involved?
What gives? How are some people experiencing this amount of resistance despite knowing the Criminal codes and including them in their reports to law enforcement? It sounds egregiously frustrating.
It is like the law enforcement agencies are running interference for the corporation.
Thanks in advance for taking the time to read this Vince.
Wa Wa Wa Wahhh.
Your hypothetical example makes no sense. Just tell us what happened.
😮😅😊 3:33
Love your videos. I kive in NJ wirk in philly. My employer has not only become WOKE but also went on a hiring spree of youngins right after they stopped offering the pensiin to nee employees but also started strying trting to get old employees to leave via crap year end reviews, PIPs, etc...going on three years. Ive been there almost 30 years, started young, im 54, they want to old oeooke with oensiins out...what are my options?
Plus this is a high profile, like really high profile, non-profit.
Personally I would want the difference on the amount I'm losing by not finishing my career there with the full pension based on additional years, plus 18 months paid cobra, plus about a current years salary as a severence package, which sounds pretty stand these days considering how long I've been there...30 years. Is this unreasonable?
Sounds like classic age discrimination, I'd start scheduling free consultations to get a feel for who is the right attorney for you.
@@JobAttorney thanks for getting back to me! Actually I was put on a PAP not a PIP, didn't even know there was such a thing. I had to go to performance break through training, 64 people total, half of them were older old-timers. Hhhmmm, renewing my FMLA. I got on that last year and intend to continue it.
Are FMLA cases for interference worth it? The statute says remedies are like: pay for any "expenses incurred...[like] hired healthcare"??!! come on....what lower-middle-classer can afford that? Still employed so no "lost" wages. Leaving "equitable damages."..? is that where I would account for the added anxiety (son was having liver failure so I was stressed already, FMLA denials nearly devastating; "chilling effect" for sure)
My case: FMLA violations (Applied4x and denied4x when they(UPS) "miscalculated" service hours 4x within 30 days, written up first day after applying and again after returning for absences that were eventually covered, cancelled health insurance...still cancelled.)Retaliation: Supervisors told me (after I requested leave) "you know they're trying to fire you, right?" and: one boss to another "you know she requested FMLA," reply: "I don't care right her up anyway" also: extreme increase in workload (I'm 53-yr-old woman ADEA?) (possible safety violation as trucks are 120degrees inside? OSHA?)
assuming this is GREAT evidence, the statute's language doesn't sound like it's worth anything, in court at least. It seems like its only valuable in avoiding (maybe claiming a portion of) court costs. So are FMLA claims through DOL, where job is retained less valuable than discrimination claims by the EEOC...where job is retained?
I Called the DOL and am waiting for "approval" for investigation...Does the DOL have a similar "invitation to mediation" process as the EEOC does? Is the "two-week" call back time from the DOL realistic?
I know your not my attorney.
But I've talked to 4 and none wanted to take the case (I'm guessing cause I wasn't fired?) and so I'm trying to settle do it myself if need be and figuring it out as I go.
what deductions are subtracted from eeoc mediation settlement
Taxes. When you give a number demand. That must include everything.
What u mean by that sayin u might meet your demand and that poem stuff ?
Vince, make a video about Abe Lincoln as a lawyer. What kind of law did he do? How did he become a lawyer? How did he write his papers before the typewriter was invented? David Tee might appreciate it.
Vince is an employment attorney. It might help you more if you'd presented your question to an historian. Not a legal historian, though. Legal historians concern themselves with how law has evolved over time.
Aren't there caps on EEOC settlements or awards?
On some of the Federal statutes, yes. But folks try to avoid that by using additional Federal statutes and adding in State and local statutes where viable.
I was planning on taking figured I asked for in complaint as high and then probably ask my sister what low would work. She is my go to since Mom passed @91 years old in 2016.
@@Adehead I am sorry to hear about your mother
@@JobAttorney
Do EEOC mediation settlements need to conform to the federal caps? I see the federal cap for large companies is $300k. For example, can the parties agree on a $2.5 million settlement in EEOC mediation and complete it on those terms, or would they need to cancel the charge and do the large settlement outside the EEOC process?
Yes, EEOC is usually written in caps, but if you write in lowercase as "eeoc," people will still understand what you mean.
NOOOOOOOOOOOOO - THEY'RE ALL GONNA LAUGH AT YOU!
Can I request mediation without an attorney/ pro se… wish you were in philly
@@PredatoryTeethwow thank you so much! I’ll definitely reach out to him- it’s super hard finding a good attorney
Is it true that you switch from a crew to v-neck at 9pm?
the V neck is a power move when you have a third of your neck gone. People can't figure out why you look funny and get uncomfortable.
@@JobAttorney 🤣🤣🤣🤣🤣
@@JobAttorneyYour sense of humor is twisted but funny as heck 😂😂
What type of whisket?
I introduce it as my co-star, that is one of my budget favorites: Talisker Storm. A really well done blend.
@JobAttorney Thank you for that, I'll need it after my mediation in 60 days. Thanks for your channel! I'm glad to know I'm not going to be interrogated.
@@steeveekeys1904 You let me know if that mediation ends up successful for you and we'll air drop you a bottle of something nice.
@@JobAttorney I will let you know. Thanks!
Wrong: definitely ABOVE mediocre, are the things your doing
...LegalEagle USED to be my go to legal channel
What is with all the ads in the middle? Come on Mr. White.
Oh no - I discussed everything I have with the Mediator. Hopefully this dont bite me back. I did not accept the offer so mediation failed. I hope I made the right decision.
David Tee, where art thou?
😉
@@PredatoryTeeth David can you appear in one of Mr. White's video as a guest star? Mr. White can interview you.
@@ProSePlaintiffI would LOVE to take on that proposition, just for you. He'd be mesmerized by how well I can answer the toughest questions he can bring to me. 😂
@@PredatoryTeeth Can you make some videos of yourself reacting to Mr. White's most popular videos?
@@ProSePlaintiffMaybe one day I will do that. Please know, though, that as someone on the plaintiff side of employment disputes, I would only elaborate further on the points he'd made.
For a lawyer, you certainly use a lot of words when getting to the answer. I thought lawyers are skilled at being precise? Come on Mr. White. Try harder. You have 21.5K subs now. With great amount of subscribers, should come great answers.