Settlement negotiations

[Sonji]

What is the name of your state? What is the name of your state? California

July 24 and 25th I gave my deposition to the defense regarding a lawsuit I have in Federal court regarding sexual, and racial discrimination by my employer. I am not represented by an attorney. During the deposition the defense attorney began to speak off the record regarding possible negotiations towards a settlement. We drew up some terms and the defense attorney went back on the record outlining these terms and agreed to give me 24 hours to think about it. My question is even though these terms were put on the record does it mean I cannot deviate from them meaning I cannot change my mind or request changes?

Also, is it true that the payroll information and personnel files of an employee who is directly involved in the lawsuit cannot be released? A court order would have to be obtained? The reason I ask this question is 2 individuals received higher pay than I even though my qualifications and years of service were greater. The defense attorney has agreed as part of the negotation my salary will be raised to match one of these individuals but how do I protect myself so that I know my salary actually meets this other individual's since I have no access to the employee's file.

Please respond. Thank you.

 

[Beth3]

Re: question number one, a deal is not a deal until it's a done deal. All that has happened is the terms of a POTENTIAL settlement under consideration have been made part of the record. You can reject these terms entirely, accept them as they stand, request a modification of the terms, or counter with your own proposal.

Re: question number two, I would expect this information could be readily obtained with a subpoena, assuming the employer won't voluntarily provide it. (However I am not an attorney.)

Even if you wish to continue to represent yourself, it seems it would be a very good idea for you to have one you can consult with on points of law like this. You have a federal lawsuit underway. This really isn't a do-it-yourself job.

 

[mrsmelody]

How long did you wait for your investigator to investigate your complaint? It was almost a year ago since my husband filed with the EEOC.