Hi Vincent - Thanks for answering the question I posed to your site. It is unfortunate the the EEOC and their state counterpart do not keep to any deadlines for the employer to adhere to. So what it seems like is that the employer attorney can submit what they want when they want.
I got a suitable for mediation notice this week. I retained an attorney who assisted with the EEOC complaint. I'm going to rely on the attorney's judgment. I'm currently on FMLA.
So if the employers attorney does not submit a position statement pending the mediation, could that be construd to that their defense is weak and/or they have no defense? And they want to see what your demands are?
@ProSePlaintiff - the EEOC can investigate and defend you in one of their hearings, but the max in an EEOC type hearing is 300k against a large company.
Some employment attorneys put arrogant employers at a disadvantage by advising them not to mediate because the complainant “doesn’t have a case.” Only after the complainant’s Rebuttal Statement pokes holes in their Position Statement do these employment attorneys advise these employers to go back to mediation. Such employers often end up settling for much more $$ than they would have if they had first agreed to mediate. Instead their employment attorneys soak them for “billable hours.”
But the employer does not get a copy of the plantiffs rebuttal statement. The rebuttal statement is only for the investigator to have further information.
@@MyOtherChannel-zy3tf in a case alluded to, the complainant sent the employer’s attorney the Rebuttal Statement. Only then did the employer agree to participate in mediation, apparently on the advice of its attorney. The Rebuttal Statement showed that the employer didn’t give its attorney “all the facts,” which must have been embarrassing to the employer.
My lawyers have been in contact with my lawyers for over 8 months and we just had a mediation and they still will not give there position statement should I feel confident that they don’t have a actual defense? What would a company do if they don’t have any documents to prove their position towards my charges? Also how long after mediation does it typically takes to receive employers position statement? Thanks man you’re the best! 💯
@@ProSePlaintiff I do understand it’s only administrative but shouldn’t they have to at least write a position statement I’ve had them charge with the NLRB for about 6months now as well with my same position statement filed! They hadn’t tried to rebut anything why because they don’t have anything! Of course I know that but waiting on the EEOC and nlrb to find out. What do you think would be their game plan if I know they don’t have any documentation to prove/rebut my charges??
Hello Vince. Is there an actionable racial discrimination claim if an employer abuses H1B process by posting “fake” job listings only to intentionally deny all job applications so they can keep the H1B position? This a) depresses wages for non-H1B workers and b) denies non-H1B applicants jobs all together. I am of non-Asian descent.
Hey contacting you from Memphis Tennessee love your show my question let me say this first my evidence was done in a text not just any text but a work group text my question is if they hit me with a low offer off the top is it a good play for me to paint them a picture of what they are up against by reading a little of the best part of my evidence is it a good idea?
Yes. My sisters employer didn’t reply to the ADR. About a month later, she got a position statement. My sister did not submit a rebuttal. She was given a right to sue about 2 1/2 months later.
Not always.. my company's position statement was completed and submitted to the EEOC portal, and I had no idea because no one told me, and I couldn't see it. The EEOC never told me it was done, I had to ask for it, and the EEOC hurried to review it and then posted it so I could see it on my end. Then told me I had 30-days to submit my rebuttal and upload it to the EEOC portal. At that time I didn't have an attorney yet, so I winged it. Once I obtained an attorney, the EEOC asked them (my attorney) to pair it down. My attorney did an amazing job at that, and the investigation continues. I'm in Michigan and it's been since November of 2022 since I originally filed with the EEOC. They're not real fast in my state it seems.
@@Ooohmy yea, no one told my sister. She checked her portal and that’s how she found out stuff with her case. She checked her portal almost daily. The only time she was contacted was from her attorney to submit her rebuttal.
Hi Vincent - Thanks for answering the question I posed to your site. It is unfortunate the the EEOC and their state counterpart do not keep to any deadlines for the employer to adhere to. So what it seems like is that the employer attorney can submit what they want when they want.
I got a suitable for mediation notice this week.
I retained an attorney who assisted with the EEOC complaint. I'm going to rely on the attorney's judgment. I'm currently on FMLA.
So if the employers attorney does not submit a position statement pending the mediation, could that be construd to that their defense is weak and/or they have no defense? And they want to see what your demands are?
@ProSePlaintiff - from what I've read the employer MUST reply to the complaint. But I don't know what the ramifications are if they do not reply.
@ProSePlaintiff - the EEOC can investigate and defend you in one of their hearings, but the max in an EEOC type hearing is 300k against a large company.
Some employment attorneys put arrogant employers at a disadvantage by advising them not to mediate because the complainant “doesn’t have a case.” Only after the complainant’s Rebuttal Statement pokes holes in their Position Statement do these employment attorneys advise these employers to go back to mediation. Such employers often end up settling for much more $$ than they would have if they had first agreed to mediate. Instead their employment attorneys soak them for “billable hours.”
But the employer does not get a copy of the plantiffs rebuttal statement. The rebuttal statement is only for the investigator to have further information.
@@MyOtherChannel-zy3tf in a case alluded to, the complainant sent the employer’s attorney the Rebuttal Statement. Only then did the employer agree to participate in mediation, apparently on the advice of its attorney. The Rebuttal Statement showed that the employer didn’t give its attorney “all the facts,” which must have been embarrassing to the employer.
What was the outcome of that case?@@moonmissionpassagetototali1952
My lawyers have been in contact with my lawyers for over 8 months and we just had a mediation and they still will not give there position statement should I feel confident that they don’t have a actual defense? What would a company do if they don’t have any documents to prove their position towards my charges? Also how long after mediation does it typically takes to receive employers position statement? Thanks man you’re the best! 💯
@@ProSePlaintiff I do understand it’s only administrative but shouldn’t they have to at least write a position statement I’ve had them charge with the NLRB for about 6months now as well with my same position statement filed! They hadn’t tried to rebut anything why because they don’t have anything! Of course I know that but waiting on the EEOC and nlrb to find out. What do you think would be their game plan if I know they don’t have any documentation to prove/rebut my charges??
Could you discuss a discrimination suit against a public sector employer? Are punitive damages prohibited?
Hello Vince. Is there an actionable racial discrimination claim if an employer abuses H1B process by posting “fake” job listings only to intentionally deny all job applications so they can keep the H1B position? This a) depresses wages for non-H1B workers and b) denies non-H1B applicants jobs all together. I am of non-Asian descent.
My case was transferred from the EEOC to the NYSDHR. Our rebuttal has been submitted. How long before Mediation or Response???
If the employer has agreed to mediation, the mediation can be a few months away.
Hey contacting you from Memphis Tennessee love your show my question let me say this first my evidence was done in a text not just any text but a work group text my question is if they hit me with a low offer off the top is it a good play for me to paint them a picture of what they are up against by reading a little of the best part of my evidence is it a good idea?
If ADR is not accepted. Do you get emailed the position statement.
Yes. My sisters employer didn’t reply to the ADR. About a month later, she got a position statement. My sister did not submit a rebuttal. She was given a right to sue about 2 1/2 months later.
Not always.. my company's position statement was completed and submitted to the EEOC portal, and I had no idea because no one told me, and I couldn't see it. The EEOC never told me it was done, I had to ask for it, and the EEOC hurried to review it and then posted it so I could see it on my end. Then told me I had 30-days to submit my rebuttal and upload it to the EEOC portal. At that time I didn't have an attorney yet, so I winged it. Once I obtained an attorney, the EEOC asked them (my attorney) to pair it down. My attorney did an amazing job at that, and the investigation continues. I'm in Michigan and it's been since November of 2022 since I originally filed with the EEOC. They're not real fast in my state it seems.
@@Ooohmy yea, no one told my sister. She checked her portal and that’s how she found out stuff with her case. She checked her portal almost daily. The only time she was contacted was from her attorney to submit her rebuttal.
lol voodoo dolls I’m so weak 😂