How best to reach a settlement regarding an employment discrimination lawsuit?

UPDATED: Sep 17, 2011

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How best to reach a settlement regarding an employment discrimination lawsuit?

I was discriminated against. I filed a charge with the EEOC and received a right to sue letter. I filed a lawsuit with the US District Court. The company’s attorney requested a meeting with me to discus the joint preliminary report and discovery plan. The attorney requested my documentation, who my witnesses are, etc., and wants me to ask them for a settlement regarding this matter. I am not represented at this time, although I have gotten some legal advise along the way. How and what do you request from the regarding a settlement. Should I speak with an employment law attorney? In Carroll County, GA.

Asked on September 17, 2011 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Definitely speak with an employment law attorney, and do NOT provide anything to the other side untijl you do. An attorney will know what your claim might be worth and will be much better situated than you to get that amount--since the other side has a lawyer, why would you want to handicap yourself by not having an attorney of your own?

The reason to not show the other side the requested material until you speak with your lawyer is that what they are requesting is your case--you'd be showing them all your evidence, your witnesses, etc. That gives them the chance to prepare for it--how to respond, how to explain it away, how to minimize it, etc. Just like a coach doesn't give the other team his playbook, you should not let the other side preview your case before speaking with your lawyer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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