Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 2/12/2010

Question
QUESTION: I was wrongfully terminated on October 2nd and subsequently fled an EEOC complaint. I have been unemployed since that time and finding it increasingly difficult to even get an interview opportunity. I know that a lot has to do with the economy but my personal situation, being past age 50, and not having the liberty of being able to formulate for any potential employer an acceptable "reason" statement for being presently unemployed has only served to make a bad situation worst. My question however as to do with the "pros %26 cons" of having legal representation along side me during this meeting. Are there any clear and obvious benefits to be derived from my paying an attorney to accompany me? I have already been informed by the EEOC mediator that the "company" will be sending the HR director, my former boss (who terminated me), and a representative from their legal staff. So as I expected, she would only say that it was my choice as to whether I engaged an attorney or not, she could not advise me either way. Consequently, on one side, my dilemma of course is "the cost" factor, especially now that unemployment has significantly eaten away at my savings and the other is, while I am confident and steadfast in my position regarding the injustice of why and how I was terminated, the idea of singularly facing 3 people in opposition to my claim is not something that I would do, unless to do otherwise would add some distinct benefit. Thank you in advance,

Vera

ANSWER: Vera,

It depends solely on your comfort level.  As an attorney, I have accompanied many individuals through the EEOC process as well as through mediation.  You can certainly go on your own.  Bringing an attorney may let your former employer know how serious you are, however, you will have to pay the attorney a percentage or an hourly rate.  I would suggest you consult a local labor and employment attorney who will meet with you at no charge to discuss those options in more detail.

Again, you can handle the mediation on your own but you may be taken more seriously if you have counsel present.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for the really candid response. I have one final quest ion however and it has to do with "compensation" for my claim. Is there any general formula for determining how much financial damages (beyond salary)to request. I've already considered the loss of the typical end of year bonus that all managers receives (all except me this past year) and then the additional income from the merit increase that would have come had this incident not happened, etc. And finally, when you said to specifically contact a labor and employment attorney to discuss my options...are initial telephone conferences typically "free of charge" or do I have to contact a specific group or organization to receive some non compensated advice and counsel?

Vera

Answer
Vera,

Your calculations are the same calculations we do for our clients.  There is no formula as the mediation is about getting them to pay more than they want to pay and you accepting less than you want to accept.  The mediation is about getting the two parties to agree to an amount that each party can live with.

Attorneys generally don't charge for the phone call and some attorneys will meet for the first consultation for free.  I handle my employment cases on a contingency fee and don't charge unless I get a judgment or settlement.  Most employment attorneys charge by the hour, however, there are some that handle cases as I do.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.