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employment law mastermen QUESTION

What typically happens in a harrassment dispute between a la...
Puce exhilarant den voyeur
  08/01/14
general harrassment and bullying are not actionable. in fact...
greedy theater place of business
  08/01/14
translation: anyone who is not white who gets treated poorly...
sexy police squad tattoo
  08/01/14
more or less true, but you'd be surprised at how many white ...
greedy theater place of business
  08/01/14
Suppose the employee has been issued a 'right to sue' letter...
Puce exhilarant den voyeur
  08/01/14
does the right to sue have a finding of cause in it? if not,...
greedy theater place of business
  08/21/14
so many factors are involved man... with one of the largest ...
sexy police squad tattoo
  08/01/14
lolno you think a large employer is going to pay for mult...
Boyish Pocket Flask Resort
  08/01/14
these claims are all covered by insurance... and at least wh...
sexy police squad tattoo
  08/01/14


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Date: August 1st, 2014 1:53 PM
Author: Puce exhilarant den voyeur

What typically happens in a harrassment dispute between a large employer and employee? What are some typical outcomes of settlements?

Consider, for example, a case of harrassment and bullying (shouting, intimidating gestures, telling provable lies about work performance), offensive age-based remarks, and possible but not provable stalking. How would such a conflict be settled?

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26041849)



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Date: August 1st, 2014 3:50 PM
Author: greedy theater place of business

general harrassment and bullying are not actionable. in fact, your employer can treat you like total garbage and yell at you all day every day, call you worthless, dumb, and imbred and you still wouldnt have a viable cause of action.

the hook is whether they do any of that because of your membership in some protected class. that said, i have been practicing employment law exclusively for four years and our clients will generally settle if the initial demand is under $10k, but every dollar above that they look at as if they have to spend at least that much in fees in order to settle. so if you demand $20k, they are going to say, well lets spend 10K to see if we can get this dinged. moreover, no employer with counsel with any brains settles during the eeoc investigation unless we are talking about absolutely clear cut stuff - sexual assault, using racial profanities, etc.

hth.

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042513)



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Date: August 1st, 2014 3:52 PM
Author: sexy police squad tattoo

translation: anyone who is not white who gets treated poorly at work has a claim that will settle regardless of whether all the white people were treated poorly as well, while white people have no claim

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042519)



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Date: August 1st, 2014 3:55 PM
Author: greedy theater place of business

more or less true, but you'd be surprised at how many white employees sue their employers for race discrimination. especially in industries where an industrious minority is likely to have succeeded enough to own their own blue-collar business. think, construction, sanitation, etc. there are lots of companies out there who employ almost exclusively minorities by virtue of the type of job it is and the one random white dude who works there gets treated like garbage.

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042527)



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Date: August 1st, 2014 5:36 PM
Author: Puce exhilarant den voyeur

Suppose the employee has been issued a 'right to sue' letter. Can the employee ask for more?

Else suppose the employee has suffered serious psychological effects from the mistreatment, and may subsequently never be able to work again?

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042903)



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Date: August 21st, 2014 1:50 PM
Author: greedy theater place of business

does the right to sue have a finding of cause in it? if not, then no. every employee claims that their termination had serious psychological effects on them, but rarely does that ever actually happen. much less does it happen where the person can never work again. remember, title vii has a cap on damages - $300k for large employers.

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26176851)



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Date: August 1st, 2014 3:44 PM
Author: sexy police squad tattoo

so many factors are involved man... with one of the largest just being what insurance/defense lawyers are involved. no one is going to settle this kind of case until they've taken depos of all the plaintiffs' witnesses and are satisfied there's something to the claims beyond "i wasn't treated very nicely and just KNOW it was because i'm old and not white".

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042493)



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Date: August 1st, 2014 4:06 PM
Author: Boyish Pocket Flask Resort

lolno

you think a large employer is going to pay for multiple depositions when the case can settle for less than that? many of these cases are shit shakedowns and the plaintiff will take 5-10k and go away. If you're in depo territory then you're also in MSJ territory and are already spending tens of thousands in fees.

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042572)



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Date: August 1st, 2014 5:10 PM
Author: sexy police squad tattoo

these claims are all covered by insurance... and at least where i live, nuisance settlement value is more like $30k.

(http://www.autoadmit.com/thread.php?thread_id=2633770&forum_id=2#26042820)