• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how do i calculate a possible award

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rachel Mayer

Junior Member
What is the name of your state? Michigan

I have filed a claim with the Civil Rights Department and have agreed to participate in mediation scheduled next week. I did not retain an attorney who was willing to take my case because I could not afford the retainer fee. She suggested I try to get as far as I can in mediation before retaining her if I wanted to try to resolve this without any immediate expense to me.

I was working for an insurance agent, had prior insurance experience and had to work my way up to the wage I had been receiving but I only got there after a promotion and putting a year and a half into my tenure there. The agent hired a man, serving in the exact capacity as I was & stated that to me, however, he was paid $2 more per hour than I and had NO prior experience nor any licenses. He later quit but on numerous occasions I advised my employer that he had discriminated against me & violated the unequal pay act. He told me on numerous occasions that if I was not happy I could leave & that the rate of pay that the man was getting was a business decision of his.

I also repeatedly complained to my employer regarding the many sexual comments he would make in the office and how I did not appreciate them & that they were completely inappropriate. He repeatedly choose to continue his behavior without any regard to my feelings.

Finally frustrated after he refused, once again, to pay me adequately or stop his sexual comments, I threatened to go to the civil rights department and file a claim. He fired me.

My question is how much could I expect to receive in damages? What should I go into the mediation asking for. I also have witnesses to all of my claims (former employees, customers, etc). Since he is guilty of violating unequal pay, guilty of sexual harassment and guilty of wrongful termination what is fair to ask for?

Please help.
 


cbg

I'm a Northern Girl
It would be totally irresponsible for anyone on an internet board to attempt to answer that question without FAR more information about the specifics of your case than you should be putting on a public board. Sorry, but that is something you will HAVE to work out for yourself or with your attorney once you are on board with her.
 

Rachel Mayer

Junior Member
let me pose it differently

Does anyone know where I can go to find out what typical awards have been given to someone who has a legitimate claim of unlawful termination?
 

cbg

I'm a Northern Girl
You can explore the EEOC web page.

However, what you will find is that awards have been all over the map depending on the strength and details of the various cases, the average wage for the type of position the person was in (which is also variable by region of the country), whether or not the employer acted willfully or innocently (yes, it is possible) and many other variable factors. There is no "standard" amount.
 

Katy W.

Member
When you are on the EEOC website, look for a link that says "Guidances"
There is an EEOC Guidance on compensatory and punitive damages. These are guidelines only, as everyone else has said. You may need to calculate back wages and any out of pocket expenses you paid due to the discrminatory behavior.

This is how you would begin to research an award. I'm not saying I think your case does or does not deserve any awards.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top