It may seem that way, but on average 5% or less (usually less) of employment cases end up with a determination in favor of the complainant. Every person, and I'd be the same, believes their case is LOCK SOLID, a SLAM DUNK, etc. But the reality is the overwhelming majority of them will not prevail.
Justin Vasquez it has nothing to do with an attorney anymore in most states. Like in Tennessee they have it so completely fucked now you don’t even need a lawyer for it anymore. All they do is fill out the paperwork and take 20% that’s pretty much it.
To stay out of court and sign nondisclosure agreement to hide the companies acts of greed I they can keep their reputation clean. No company wants their customers to know how the abuse their employees.
I believe there's new rules that the employer can no longer get the n.d.a. AND write off their losses. They must now choose one of the other. To me this is huge. Part of coming forward is protecting everyone from a bad employers.
Companies don't really care about bad press anymore. There is too much news from too many sources and any bad press for discrimination against employees gets drowned out in the echo chambers people tune into for their news. Don't think so? What is your opinion of Autozone (car parts place)? Good or bad? B/c they got hit with a HUGE 100 million dollar verdict in California for pregnancy and gender discrimination. Made the news. Did you hear about it? How about the down syndrome woman who sued Walmart and won, did you hear about that?
Nice job. Good explanation. Correct in all aspects. People should find this helpful since it is based on reality and the application of the law to process.
I work tru an employment agency the place they sent me i was there for over a year i got let go cause of retaliation tru wistleblowing... Who do i press charges
Can Mediation Go forward without your presence during discussion on case and settlement agreements. Had mediation ask to be presence and was left out. There was no agreement o any offer settlement given . Ask about what what discussed and no updates given now a offer is given after 3 weeks of mediation. Where can you search case is filed thru finding o info mediation
It's unrealistic to put a price on a person's health, that's what's unrealistic... It's not a beautiful day when it's over either . Most of the time an injured worker leaves the mediation with the same health issues , if not more , that had brought them into the whole WC process to begin with.
If anyone is still here watching these videos, I’m gonna tell you right now if you have hired an employment, lawyer and the employment lawyer is free whatever you can get out of mediation take it. The stuff that Richard Celler says has uniform nationwide application. These employment lawyers can care less about what happened in the workplace you’ve been discriminated against. They hear workplace discrimination and a possibility of a quick $50,000 settlement. if you don’t take that, they’re probably gonna unload you at some point. No matter how much wages you are out of no matter how detrimental the discrimination was. Nobody really cares when these things go to court it’s about the two attorneys and an attorney is willing to get some insurance company to give you $50,000. Take it and run because that’s about all you’re gonna get. The discovery process the deposition process is all in favor of the defendants. The only time you will have a real shot at one of these cases is if the EEOC takes it up. That signals to the federal court that there’s something that really needs to be addressed. That doesn’t take the money and run.
Thank you so much. I’m lost. I have an attorney but he’s only representing me for mediation and the employer hasn’t accepted mediation yet. I feel hopeless at this point and I’ll take $50k cause i need it but im sure they’re gonna try to lowball me and try to get me to sign an nda. I want everyone to know my story of what they did to me. All of this is through the EEOC. I’m sitting on pins and needles waiting for their response so i can move on with my life.
@@JT-tx2ns well the employer can tell if your attorney is only taking the case for mediation by the motions or the complaint. If the complaint is not compelling. If you get $10,000 take it. if you’re claiming discrimination discovery is in their favor so if they feel like they can get through discovery for about $10,000 maybe even just a tad bit more they’re not gonna settle with you or accept mediation. If they feel like after looking at your evidence, you have some kind of compelling case they might offer you between 10 and $50,000 just so they don’t have to go through the discovery process. The claims that I see get the biggest settlement is Retaliation, and Defamation as to the retaliation, Simultaneously sex discrimination. The least likely is race discrimination. It’s a tall order to prove. They can fire you because they don’t like the color of your socks or just because they think you talk to ghetto. While “ghetto” could be considered a”code word” judges look at the totality of the circumstances. The Supreme Court has invoked the “McDonnell Douglas Test” when it comes to circumstantial evidence of discrimination. Basically all the defendant has to do is give some non-discriminatory reason why they fired you. After the burden shifts back to you to prove that those statements are “pretext.” if you can’t do that, the case is over. Even if you were discriminated against.
Who wants a beautiful day based on this definition ??????? I say go for trial !!!!!!!! Let the jury use their human instincts to guide their decision after digesting the facts.
Hello! Hope all is well, Find the Right Attorney for Your Case Can Seem Impossible. If you or somebody you care about has been wronged by your employer, you may need assistance from a skilled attorney today. At the Marcarian Law Firm, we are standing by to help ensure that workers in and around the Los Angeles area receive any compensation they are entitled to after experiencing the situations.
My Attorney, Kevin Little did encourage Mediation because it would have exposed his Conflict of Interest representation to my prior Employer, Ralph Lauren. What would have been exposed were the following: 1. Subordinate Perjury Affidavit " Age Discriminated" was Atty. Kevin's manipulated Malfeasance Malpractices decision and instructed that was forced, intimidated, and coerced circle Age Discrimination or else won't represent you. #2. The Mediator and I would have discovered that Atty Little and PRL Amanda Costello had violated Attorney- Client Confidentiality. Atty Kevin Little willfully and without consent shared my Direct Evidence, my Chronological Timelines, Retaliated- Hostile Work environment Written Warnings and Wrongful Terminated, Direct Evidence of Racial and Disability Discrimination's written by Manager Blyth Stephenson and in-house EOC Amanda Costello and Ben Ashton, #3. Mediation would have EXPOSED that both Atty Little and PRL Amanda Costello-Ben Ashton had withheld Relevant Evidence, neglected to submit to EEOC Intake- Karen Watkins Direct Evidence that was written by Blyth called and stated to HR Sarah Bolton that I was the following: "A Nigger," "Stupid," "Crazy" " Ignorant," "Mis-match don't fit in," etc. #4. Exposed Nepotism on both Monica and Blyth discriminated in hiring friends pre-hired and post Employment. #5. Withheld Sales Reports that would have contradicted Blyth, Monica, and PRL Amanda Costello Position Statements. #6. I would have Discovered Atty Kevin's statement of Claims contradicted what I wrote and stated on the only day he agreed to meet with me 04/04/2006. #7. I would have discovered that PRL NEW in-house EOC Department was Schemes to overthrown, obstructed Federal Interference, and dismantled my EEOC Charges of my Constitutional Rights. #8. The EEOC Mediator and I would have realized that Atty Kevin and PRL Amanda -Ben and VP Andy Romeo had committed malicious Conspired Conflict of Interest to cover up PRL violated Civil Rights Practices and Labor hour-wage Fraud, Overtime Fraud and Commission Fraud against Client who is African- Americans. #10. I would have learned that Amanda Costello and Ben Ashton were NOT EOC Counselors but PRL' s personal Attorneys that misrepresented to gain trust of Employees and pretended to to bias.
Mediation was a trap and they wanted me to sign too many provisions and pay for their legal fees if I wanted to pursue charges against the man who sexually harrassed me and needed them to go to court it was a trap and I couldn't afford to pay those legal fees mediation was a trap and not successful.
Good luck. I pray you prevail. My case is August 4 Los Angeles against my former employer (disgusting corporate) for a list of causes at least 14. Deposition has been great with my attorney. I have faith in her after seeing her in deposition. Just had a deposition on the 4th and she so good that, she wasn’t even finished so she has to schedule a finish date and on top of that, she has another deposition to do but my mediation is next week on the 9th. I’m nervous yet excited. Did you go to mediation yet?🤔
Low end cases . . . . what does that mean? Most cases are single plaintiff cases with damages based upon lost wages and under most employment laws, the damages are capped. For instance, the down syndrome woman who won the $125 million dollar disability discrimination verdict against WalMart in Wisconsin? Due to legal limits on damages Walmart will only have to pay $350K in punitive and emotional distress damages. Having done over a thousand of these, and having tried some of the bigger cases in my state, I can tell you this video is spot on. Does it apply to class actions? No. But in those cases, the individual plaintiffs get even less money.
@@twincherry4958 mediators only have one thing on the agenda, which is settling the case. if you have evidence and all your ducks lined up in a row high ball it, keep it moving.
HOOD HERO - Lol. I guess you have it all figured out. I can’t even get upset about your response. It’s so ridiculous, it made me laugh. Made my day. Stay safe out there!
Here are the facts on damage caps under the federal law (if your case is brought for race, gender, sex harassment, national origin etc): When it comes to compensatory and punitive damages, a Title VII plaintiff is subject to the following damage caps: 15 to 100 employees: $50,000. 101 to 200 employees: $100,000. 201 to 500 employees: $200,000. 501 and more employees: $300,000. The only way to exceed this is if you are under uncapped state discrimination laws or have a Sec 1981 or Sec 1983 claim.
Mediation is another way to screw over the employee, I agree take it to court, you're gonna get low balled. Especially if the company was malicious.
Not true sometimes when you take in account the fees, time, and risk mediation is a lot of times more effective for both parties
@@maurice2014yess n normally the other side will have ta pay n it won’t be a cheap price. It’s even bad wen they loose
Mediation is another way to compensate the company that wrongfully terminated you! Lol.... Take it to court! The jury will always be in your favor!!!
It may seem that way, but on average 5% or less (usually less) of employment cases end up with a determination in favor of the complainant. Every person, and I'd be the same, believes their case is LOCK SOLID, a SLAM DUNK, etc. But the reality is the overwhelming majority of them will not prevail.
@@ForeverYoungKickboxer There are good Godly Attorney's and there are lier liers!
Justin Vasquez it has nothing to do with an attorney anymore in most states. Like in Tennessee they have it so completely fucked now you don’t even need a lawyer for it anymore. All they do is fill out the paperwork and take 20% that’s pretty much it.
A good attorney will keep you out of court. Justin doesn't know what he is talking about.
@@ForeverYoungKickboxer I heard that and it's shocking!
To stay out of court and sign nondisclosure agreement to hide the companies acts of greed I they can keep their reputation clean. No company wants their customers to know how the abuse their employees.
I believe there's new rules that the employer can no longer get the n.d.a. AND write off their losses. They must now choose one of the other. To me this is huge. Part of coming forward is protecting everyone from a bad employers.
Companies don't really care about bad press anymore. There is too much news from too many sources and any bad press for discrimination against employees gets drowned out in the echo chambers people tune into for their news. Don't think so? What is your opinion of Autozone (car parts place)? Good or bad? B/c they got hit with a HUGE 100 million dollar verdict in California for pregnancy and gender discrimination. Made the news. Did you hear about it? How about the down syndrome woman who sued Walmart and won, did you hear about that?
Nice job. Good explanation. Correct in all aspects. People should find this helpful since it is based on reality and the application of the law to process.
Thank you for your video. This helped calmed my nerves.
I’m calling your office tomorrow. I need an attorney. EEOC granted my charge of discrimination to go to mediation.
How did it go?
@@_twyy my employer moved all involved to a new department. I have a new director and new manager. I pray whatever you’re going through gets better
Wow, they moved me to me, but I was stilling getting harrassed they ended up terminating me now we're in mediation
@@_twyy I hope you get money out of it. All attorneys told me if I was fired then I’d have a solid case 🤦🏿♀️😩
I need justice. "the system" will not continue to handle black women or women in general like this. At least not my generation 💯
I got one tomorrow no lawyer but ready for the challenge
How was the process?
I be win 12000 but could had got more with lawyer get lawyer please he right!
Congratulations 🎉 I Have a Case and She was Sending Something on Today Monday January 30th I'm waiting on My Call
@carolynwilson9828 how was your case did it settle?
I win my case
I work tru an employment agency the place they sent me i was there for over a year i got let go cause of retaliation tru wistleblowing... Who do i press charges
Can Mediation Go forward without your presence during discussion on case and settlement agreements. Had mediation ask to be presence and was left out. There was no agreement o any offer settlement given . Ask about what what discussed and no updates given now a offer is given after 3 weeks of mediation. Where can you search case is filed thru finding o info mediation
What is your specialty or title in law?
What if the guilty party got fired from work for unrelated reasons,can I still go to mediation? Is my law suit still active?
I have a set number but going high just to get that number no lawyer needed
So are punitive damages calculated in mediation or is that only in a trial setting?
No
It's unrealistic to put a price on a person's health, that's what's unrealistic... It's not a beautiful day when it's over either . Most of the time an injured worker leaves the mediation with the same health issues , if not more , that had brought them into the whole WC process to begin with.
Is it better to ask for your job back or a settlement amount of moneys?
Money they don’t won’t you back
If they are willing to pay you out take it, it's cheaper to keep you
If they wanted u they wouldn’t have let u go n the first place n u wouldn’t be taking them ta court!
If anyone is still here watching these videos, I’m gonna tell you right now if you have hired an employment, lawyer and the employment lawyer is free whatever you can get out of mediation take it. The stuff that Richard Celler says has uniform nationwide application. These employment lawyers can care less about what happened in the workplace you’ve been discriminated against. They hear workplace discrimination and a possibility of a quick $50,000 settlement. if you don’t take that, they’re probably gonna unload you at some point. No matter how much wages you are out of no matter how detrimental the discrimination was. Nobody really cares when these things go to court it’s about the two attorneys and an attorney is willing to get some insurance company to give you $50,000. Take it and run because that’s about all you’re gonna get. The discovery process the deposition process is all in favor of the defendants. The only time you will have a real shot at one of these cases is if the EEOC takes it up. That signals to the federal court that there’s something that really needs to be addressed. That doesn’t take the money and run.
Thank you so much. I’m lost. I have an attorney but he’s only representing me for mediation and the employer hasn’t accepted mediation yet. I feel hopeless at this point and I’ll take $50k cause i need it but im sure they’re gonna try to lowball me and try to get me to sign an nda. I want everyone to know my story of what they did to me. All of this is through the EEOC. I’m sitting on pins and needles waiting for their response so i can move on with my life.
@@JT-tx2ns well the employer can tell if your attorney is only taking the case for mediation by the motions or the complaint. If the complaint is not compelling. If you get $10,000 take it. if you’re claiming discrimination discovery is in their favor so if they feel like they can get through discovery for about $10,000 maybe even just a tad bit more they’re not gonna settle with you or accept mediation. If they feel like after looking at your evidence, you have some kind of compelling case they might offer you between 10 and $50,000 just so they don’t have to go through the discovery process. The claims that I see get the biggest settlement is Retaliation, and Defamation as to the retaliation, Simultaneously sex discrimination. The least likely is race discrimination. It’s a tall order to prove. They can fire you because they don’t like the color of your socks or just because they think you talk to ghetto. While “ghetto” could be considered a”code word” judges look at the totality of the circumstances. The Supreme Court has invoked the “McDonnell Douglas Test” when it comes to circumstantial evidence of discrimination. Basically all the defendant has to do is give some non-discriminatory reason why they fired you. After the burden shifts back to you to prove that those statements are “pretext.” if you can’t do that, the case is over. Even if you were discriminated against.
Pretty good video. (Just be careful of the jewelry next time. Keeps making a clacking sound when you hit the table.)
Who wants a beautiful day based on this definition ??????? I say go for trial !!!!!!!! Let the jury use their human instincts to guide their decision after digesting the facts.
Obviously, you've never been down this road under the discrimination laws and their proof requirements to even get to a jury.
Hello! Hope all is well, Find the Right Attorney for Your Case Can Seem Impossible. If you or somebody you care about has been wronged by your employer, you may need assistance from a skilled attorney today. At the Marcarian Law Firm, we are standing by to help ensure that workers in and around the Los Angeles area receive any compensation they are entitled to after experiencing the situations.
Do you have anyone you can recommend in Chicago?
RE: Found anyone? Or any leads? Also looking. Thanks
Can the mediator throw out a number recommendation on a offer settlement
This what I'm Trying to Find out they told me they Ready to Settle So I Don't understand
Excellent explanation, thank you.
This was very helpful
How does everyone getting worse results than they wanted make the day _beautiful_??
Even your cut is less, but you smile. Bewildering.
Right I rewinded that part so Many times
My Attorney, Kevin Little did encourage Mediation because it would have exposed his Conflict of Interest representation to my prior Employer, Ralph Lauren. What would have been exposed were the following: 1. Subordinate Perjury Affidavit " Age Discriminated" was Atty. Kevin's manipulated Malfeasance Malpractices decision and instructed that was forced, intimidated, and coerced circle Age Discrimination or else won't represent you. #2. The Mediator and I would have discovered that Atty Little and PRL Amanda Costello had violated Attorney- Client Confidentiality. Atty Kevin Little willfully and without consent shared my Direct Evidence, my Chronological Timelines, Retaliated- Hostile Work environment Written Warnings and Wrongful Terminated, Direct Evidence of Racial and Disability Discrimination's written by Manager Blyth Stephenson and in-house EOC Amanda Costello and Ben Ashton, #3. Mediation would have EXPOSED that both Atty Little and PRL Amanda Costello-Ben Ashton had withheld Relevant Evidence, neglected to submit to EEOC Intake- Karen Watkins Direct Evidence that was written by Blyth called and stated to HR Sarah Bolton that I was the following: "A Nigger," "Stupid," "Crazy" " Ignorant," "Mis-match don't fit in," etc. #4. Exposed Nepotism on both Monica and Blyth discriminated in hiring friends pre-hired and post Employment. #5. Withheld Sales Reports that would have contradicted Blyth, Monica, and PRL Amanda Costello Position Statements. #6. I would have Discovered Atty Kevin's statement of Claims contradicted what I wrote and stated on the only day he agreed to meet with me 04/04/2006. #7. I would have discovered that PRL NEW in-house EOC Department was Schemes to overthrown, obstructed Federal Interference, and dismantled my EEOC Charges of my Constitutional Rights.
#8. The EEOC Mediator and I would have realized that Atty Kevin and PRL Amanda -Ben and VP Andy Romeo had committed malicious Conspired Conflict of Interest to cover up PRL violated Civil Rights Practices and Labor hour-wage Fraud, Overtime Fraud and Commission Fraud against Client who is African- Americans.
#10. I would have learned that Amanda Costello and Ben Ashton were NOT EOC Counselors but PRL' s personal Attorneys that misrepresented to gain trust of Employees and pretended to to bias.
thanks for input
Mediation was a trap and they wanted me to sign too many provisions and pay for their legal fees if I wanted to pursue charges against the man who sexually harrassed me and needed them to go to court it was a trap and I couldn't afford to pay those legal fees mediation was a trap and not successful.
What did you do instead? My gf got sexually harassed yesterday at amazon but doesn’t want to report because too much drama. Any other options?
Did you have an attorney?
@@ali49662what did yall do???
a million bucks is not unrealistic and you were making a couple hundred grand a year , have emotional damages etc
Atty never discussed discuss what my case was worth.
My case is in a few months only 19 with a herniated disc 🙏🏼🙏🏼🙏🏼
Good luck. I pray you prevail. My case is August 4 Los Angeles against my former employer (disgusting corporate) for a list of causes at least 14. Deposition has been great with my attorney. I have faith in her after seeing her in deposition. Just had a deposition on the 4th and she so good that, she wasn’t even finished so she has to schedule a finish date and on top of that, she has another deposition to do but my mediation is next week on the 9th. I’m nervous yet excited. Did you go to mediation yet?🤔
@@Kcarneirowashere thank you, I hope everything goes you’re way as well 🙏🏼 my mediation is in 2 months btw
@@lvl-savage-lvl6659 how did everything turn out for you??hope all went well
A good interaction.
Is it bout the Number They said they had to put Some Number together 😲 Wow
What about the employer who pays the entire bill even in a bs case. It just legal blackmail.
Has anyone heard of the Squabble App. Is this a good website. One min. Video on TH-cam. What do ypu all think, need opions.
Thanks in advance
Is it about the 💰 Money I'm Trying to See They are Ready to Settle wit me thank God 🙏 it's Been 4 years omg
Hold camera still
This woman sounds like she deals with low end cases not major cases . Just my uneducated opinion.
Low end cases . . . . what does that mean? Most cases are single plaintiff cases with damages based upon lost wages and under most employment laws, the damages are capped. For instance, the down syndrome woman who won the $125 million dollar disability discrimination verdict against WalMart in Wisconsin? Due to legal limits on damages Walmart will only have to pay $350K in punitive and emotional distress damages. Having done over a thousand of these, and having tried some of the bigger cases in my state, I can tell you this video is spot on. Does it apply to class actions? No. But in those cases, the individual plaintiffs get even less money.
she's lying through her teeth... if your in mediation or have one scheduled, the sky is the limit
@HOOD HERO tell me more, mine's upcoming.
@@twincherry4958 mediators only have one thing on the agenda, which is settling the case. if you have evidence and all your ducks lined up in a row high ball it, keep it moving.
HOOD HERO - Lol. I guess you have it all figured out. I can’t even get upset about your response. It’s so ridiculous, it made me laugh. Made my day. Stay safe out there!
Here are the facts on damage caps under the federal law (if your case is brought for race, gender, sex harassment, national origin etc):
When it comes to compensatory and punitive damages, a Title VII plaintiff is subject to the following damage caps:
15 to 100 employees: $50,000.
101 to 200 employees: $100,000.
201 to 500 employees: $200,000.
501 and more employees: $300,000.
The only way to exceed this is if you are under uncapped state discrimination laws or have a Sec 1981 or Sec 1983 claim.
I got one coming up, but my lawyer says it’s just to obtain information on why they are not paying me
Take them to COURT!
Quit banging bracelet
be prepared to get lowballed and here insulting offers!
Poor body language
The hands are distracting .
Three thumbs down 👎👎👎
Two Thumbs down 👎👎
what seems to be your concern JP?