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  1. #1
    sokowa Guest

    Question EEOC or settlement?

    An attorney, after reviewing the notes that I'd taken and the conditions of my termination (I was fired after the company discovered that I was planning on filing a charge with the EEOC, though my work was exemplary), agreed to take my sexual harassment/hostile work environment claim on a contingency fee basis. He said that he'd write a letter to my former employer threatening to sue on my behalf and file a charge with the EEOC. Several women agreed to be my witnesses (one was directly harassed with sexual propositions, but she was fired over 360 days ago and never filed a charge).

    The attorney told me that, if I happen to settle, I would probably be required to dismiss my EEOC charge. However, if the charge was filed with several other women, can it still continue through the EEOC with me serving as a witness? The employer is very rich and I don't want to just be paid to keep silent without having the environment change for the better.

    What makes more sense and would seem more likely to cause my former employer to change its ways?: to agree to a settlement (in the hopes that it'll make the employer think twice about sexual harassment), or to take a chance and pursue an EEOC charge (even though the EEOC is underfunded and understaffed) in the hopes that they'll find grounds to sue and make people aware of the company's illegal practices?

    I haven't signed an agreement yet.

  2. #2
    jesterboots Guest


    You pose a very interesting issue. Because of the lack of funding that the EEOC has, I would reccommend using their findings to seek punitive damages in civil court. Sometimes a settlement is the best thing if it's a reasonable amount, because you need to ask yourself how much energy do you have to fight this, even if you are in the right. It discourages me to see so many employers getting away with so much bad behavior, and when they do something over the top that is considered illegal, they also often get off, simply because they can afford better attorneys. I went to the EEOC, and I have an attorney on a contigency basis, but because the company is retaliating legally, he now has to defend me to a cross complaint, this will be more time consuming, and he is asking for funds to represent him, which I honestly don't have. I lost a job that I cared a great deal about because of a woman who sexually harassed me, and now I'm wondering if I should have even reported it at all...I would definitely have more money now, but it was just unbearable...if they had offered me any settlement, I probably would have taken it, just to be done with the whole thing...trust me, it can take forever, and it can often feel like David against Goliath, especially when Goliath is winning...

  3. #3
    sokowa Guest

    thanks for the reply

    thank you for your reply

    As of today, the EEOC is still investigating my case (I wonder whether they review hiring and firing records and compare employee salaries (comparing the salary of women who slept with the boss to those who didn't and were fired).

    My lawyer said that there are no new developments yet and that we must wait for the EEOC to complete its investigation. It's been about 4.5 months since I last spoke to the EEOC investigator.

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