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Non-monetary settlements
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Non-monetary settlements
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I am looking for creative, non-monetary items to potentially provide a former employee to try to resolve her dispute with the company. Suggestions are welcomed for the list I've already begun. Thanks.
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Forums » Topic Forums » Legal Forum » Non-monetary settlements
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Non-monetary settlements
posted at 8/11/2011 7:49 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
If the documentation is in order then offering anything shows that somehow guilt exists for the employer. I would cancel the EEOC meeting and let the chips fall where they may. That probably means she will do nothing
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Non-monetary settlements
posted at 8/11/2011 10:05 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I'm inclined to agree with HRPro. If you offer anything, you give the ex-employee the idea that there is some culpability on your end.
But run this all by an attorney. Unless you are very experienced in HR like some of us relics, this is not an HR DIY project. |
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Non-monetary settlements
posted at 8/11/2011 10:48 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agreed because even if the EEOC declines to investigate and gives her a right to sue letter, she still has to find an attorney to take her case. Often, those attorney's don't come for free or can't be found at all.
There have been a lot of good points on this thread. Don't let an EEOC claim scare you ....especially if you have the documentation needed. |
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Non-monetary settlements
posted at 8/11/2011 3:07 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Plain and simple...I do not negotiate or mediate with the EEOC...never have and never will. Amateurs with little experience coupled with a misplaced cause exploiting an unnatural fear that employers have of their agency.
I have even told them to get out of my office and never come back. I have little to no respect for EEOC reps. And I have never lost. |
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Non-monetary settlements
posted at 8/12/2011 4:26 AM EDT
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Posts: 378
First: 1/8/2002 Last: 9/14/2011 |
I would also not mediate nor would I settle. Age discrimination cases are not that difficult to win. Refer to the U.S. Supreme Court decision in Gross v. FBL Financial Servs. Inc. For age discrimination cases, I use that as my trump card when preparing my position paper and it works.
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Non-monetary settlements
posted at 8/16/2011 5:34 AM EDT
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Posts: 11
First: 4/27/2010 Last: 8/16/2011 |
The non-monetary items you have identified are good, especially since the employee cannot recover non-wage compensatory damages in an Age Dicrimination in Employment Act case. Creative remedies should be logically-related to the specific situation. Depending on the nature of the performance issues to which you referred, perhaps paying for professional coaching to designed to overcome those issues? |
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