|HOW TO FIGURE OUT "VALUE" OF YOUR EEOC CLAIM|
|STEP 1. CHOOSE WHAT YOU THINK YOUR CASE IS WORTH|
Note: Federal Employees limited to $300,000.00 per discrimination
Initially, we point out that non-pecuniary compensatory damages are designed to remedy a harm and not to punish the agency for its discriminatory actions.
|STEP 2. HOW TO GET THE MOST $$$ VALUE IN YOUR CASE|
1. SAVE YOUR RECIEPTS
2. OBTAIN YOUR OWN MEDICAL REPORTS
3. KEEP A DIARY OF PAIN/SUFFERING/SUICIDE ATTEMPTS
4. KEEP RECORDS OF:
PHYSICAL THERAPY EXPENSES
SPIRITUAL ADVISER VISITS
RELIGIOUS ADVISER VISITS
TRAVEL TO/FROM PER MILE
JOB HUNTING EXPENSES
Who are you? Why have you come to my educational blog about your legal rights in a civil rights discrimination being heard by the EEOC commission?
Are you a law student? Reporter, Lawyer, Complainant or Defendant, Administrative Judge, Paralegal, family member of someone involved in a discrimination? Are you a union member?
Just by knowing about a case that is similar to yours, and knowing how to cite that case, will quite literally be the difference from being taken advantage of for your lack of LEGAL knowledge and feeling satisfied that you did everything possible to be successful.
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Regardless of your interaction, just visiting my blog and learning something you did not know, is a benefit to you.
It's kind of my therapy against feeling hopeless and terribly depressed. Maybe due to my ill health or memory problems, I have placed my notes in a pro se format, so I don't forget where I placed them.
The notes are staggered and do not follow in any order or sequence (i.e. not numbered or alphabetical) So I suggest you use the "This site only search option", as it kind of puts things in order. I use it myself, to locate similar topics.
The navigation bar or deck that I created is by far the easiest way to get around the site, but it does not include all my posts. Use the search box!
Union Member AFGE Local 1234
Wednesday, September 19, 2012
USPS attorney strong arms federal employee to a quicky settlement offer
United States postal Service (USPS) U.S. attorney strong arms complainant Robert Weldon to an unlawfully quick settlement offer. I was disgusted by this 2012 EEOC appeal, not because it was USPS but because it was a tactic by a federal agency against a federal employee.
In applying the OWBPA, the Commission ruled that less than an hour is an unreasonable period of time in which to consider a settlement agreement.
See Love v. Department of Defense (DOD-Office of Dependents Education), EEOC Appeal No. 01952642 (Oct. 18, 1996).
In another case, the Commission ruled that where a complainant was not represented by an attorney and was emotionally distraught shortly before signing the settlement agreement,
a 24 hour period to sign the settlement agreement was not a reasonable period of time.
Woychik-Brown v. Department of Agriculture, EEOC Request No. 05960768 (July 16, 1999).
The Agency unexpectedly called Complainant into a meeting where it presented him with a written settlement offer, he did not have an attorney present, he asked for a week, then four days, then a day to consider the offer and the Agency told him he must sign the offer now/today to have an agreement, and immediately after
signing the settlement agreement Complainant asked to have it rescinded. The Agency does not contest this. We find that given these circumstances, the evidence shows that the Agency did not give Complainant a reasonable amount of time to consider the settlement agreement. The settlement agreement is invalid because it does not meet a requirement of the OWBPA.3
Robert F. Weldon,
Patrick R. Donahoe,
United States Postal Service
Appeal No. 0120113841
Agency No. 4C-080-0060-11
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