After 2.5 years, EEOC has made a decision. I charged my former employer with violation of the Americans with Disability Act when they fired me. EEOC agrees that they broke the law, and now we are heading to mediation. Because of the miles between us the EEOC will go between us via phone. I wanted $150K-$200K. EEOC said what she would recommend would be a lot less because of the terms. Not entitled to back pay or front pay. My life has changed because of their actions, and want more. Am I being realistic if I ask for more than what EEOC suggest?
I charge for consultations, but I know for sure that there are young attorney and those who are inexperienced in employment law who do not charge. Of course, you are getting what you pay for with those attorneys. The high quality employment attorneys will charge for advise.
You are limited in what you can claim under the ADA because the law only allows certain types of damages. If you are not entitled to back pay for some reason, then your case will be very low value because all that would be left would be punitive and emotional distress damages. Punitive damages are very, very rarely awarded in North Carolina and emotional distress award are very low.
You say you want more, but what you want has no bearing on the claim. The issue is what you can prove and what you are entitled to. I do need to advise you that the EEOC determination is in no way binding on a court or a jury if you file a lawsuit. In court, you will have a much higher burden of proof than what the EEOC required.
However, in the end, I do not know what your damages might be without the consultation. Which I do charge for, so it may be a Catch 22 if you are unwilling or unable to pay an attorney for a consultation.
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