How to have a frank conversation with your attorney about settlement

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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

[@MyOtherChannel-zy3tf]

Great topic. Thanks for helping us to better communicate with the person whom we need to be respectful towards. The tips on how to be more effective are very helpful.

[@T3hXinro]

Honestly, I hate calling my attorney because I worry that I'm bugging him! He hasn't given me that impression but I want to be as easy of a client as possible and I really hate bothering people.

[@mrd336]

Ego's are super important to all aspects of society, they separate the movers and shakers, from the sit back and watchers... it's rare to see someone accomplish greatness without some sort of an ego, ya know???

[@globalfamily8172]

A lot of people do not understand the awful things an employer can do legally, and it's unfortunately your job to explain the facts. I'd rather know than have unrealistic expectations. Thanks for post.

[@jordanhead2023]

This is the video I needed !

[@MasterMind300]

Great video! I want to make sure I’m an easy client to work with, but ensure I get my full remedy. I want to make sure they’re working in my best interest.

[@MasterMind300]

You are making the world better by the information your putting out. Quit the humbleness. People need real information on how our judicial system works.

[@ktrump5882]

Thanks again Vince. Another great and informative video. You've given me plenty of food for thought when it comes time to finding an Attorney to instruct me. God bless. 💙

[@agflagaflegafluga]

Hi Vince-thank you for this video!!! This is great! It is so so so helpful, empowering, and funny! Let’s save the whole industry together 😂 Do you mind talking more about reviewing evidence ahead of settlement? I have ample text, photo, and video evidence, so I know I sent the firm a lot of stuff to review. I think it’s great, but they keep saying “we’ll take a closer look IF we get to the discovery phase.” One of my concerns is that a *key* witness/former colleague no longer works for the employer in question. I want my attorney to reach out for an affidavit, since I suspect their testimony would add a lot of value to my claims, but, again, my attorney says his strategy is to wait closer to depositions so the witness doesn’t flip sides. He also says I won’t have a strong case without witness support. Soooo, if he’s not reviewing my evidence and also not contacting witnesses ahead of the discovery phase, how do I know if it’s the right time to settle-let alone the right amount?? Is it appropriate to ask the attorney to change his strategy/evidence review process before advising me to settle? Thats feels inappropriate for me to do. I love your suggestion of “let’s set another appointment to review that point after you’ve reviewed the evidence.” I wonder if there is more you can say about this tension point.

[@jawndoekck]

Let me be frank. Congratulations on 100k. Just sucks though that it means there are a lot of people being screwed by employers.

[@charleslara8495]

The background noise is hard for me to listen too, is it me or the noise? That's for another day.

[@lostinawareness7979]

How much does the person affect a case and a trial? Like if they're not a model citizen of America lol (a few arrests, bad work history) but they have no previous claims whatsoever

[@rn6253]

Question:What if I filed a discrimination claim against my employer with HR, in denying promotion. I provided my evidence to HR of said discrimination. HR conducts their investigation AND sends me a document that they are validating my claims of disparate treatment. HR forces my managers to promote with 10% raise. THEN 44 days later HR fires me saying that I am in "misalignment with management". Though on paper they give no reason. They offer severance and to pay unemployment. Do I have a clear retaliation claim? What's it mean if I have the document that their HR did fact investigate my discrimination claims and validated them? Is this common? Mind you I have no performance issues, no tardiness, I received a company wide team member award 4 months ago and I have monthly documenting of written feedback/praise from managers and peers regarding my performance. UNTIL I filed my discrimination claim.

[@jawndoekck]

Might want to contact employment attorneys in your area directly about this. Just saying. I am not a lawyer, but did you vet the severance with an attorney? If not, and you didn’t sign it that’s money on the table for an attorney. It does seem like they did you dirty, but a lot of this depends on your local laws. In some places your severance agreement if accepted could either make it really difficult to pursue a claim, and in others it’s Swiss cheese. Otherwise seems like you have a) protected activity with the original HR complaint b) adverse action by getting canned c) a casual connection as the protected activity was in regards to the very people that they they say is the reason for this adverse action. Seriously call all of your local employment attorneys. Watch Vince’s playlist on how to approach and hire employment attorneys.

[@rn6253]

@@jawndoekck thank you. I haven't signed the agreement. I've just been researching and I can't find anyone that gives an example regarding HR doing g an investigation, ruling in my favor and still firing me 30 days later. All I see is HR doing sham investigations and saying that nothing happened.

[@jawndoekck]

@@rn6253I think employers are starting to evolve from sham investigations because the whole concept of saying, “we investigated ourselves and we found that we did nothing wrong,” isn’t particularly strong. I think lawyers would call your promotion pretextual. You are definitely at the place where you want to shop around employment attorneys around you. I could be and probably am wrong, but a worst case scenario, aside from no representation or offer to negotiate a better severance, is that you will negotiate a significantly higher severance with more favorable terms to you.

[@FacelessFactuals]

Disclosure-Not an attorney but am going through a claim as well..I’d say the following: 1) RESEARCH your attorney! Will they just try and flip your case or fight? Don’t want a flipper! May cost a retainer for a good one but worth it 2) Sounds like you were discriminated against and disparate treatment was the result of the discrimination and then retaliated against with a termination; I’ve learned term called proximity of events 3) I had a sep package presented as well; didn’t sign. Don’t know how that plays, but I feel I’m in a better position because I didn’t. HR is NOT on your side! Signed a former HR Manager 😮 Hope it works out for you!

[@crazytiedyemom84]

So question so eeoc mediation the witnesses aren't needed?? I'm honestly on the fence whether mediation is best for my case because i literally have prob 20 or 30 witnesses. Especially because the x employer hired the s harrasser back knowing he harrassed me... and then he continued to harass me for yrs as well as 3 other adult women and then went on to harass 3 minors as well doing same thing he originally did to me when i begged the employer not to hire him back. But he did and all this happened. I feel this whole ordeal should be much bigger then just me is there anyway i can push my attorney to summon these other girls/women? Im in utter disgust that i couldn't protect these other women it was bad enough my voice didn't matter....it utterly sickens me that this employer protected this harrasser and not us women. Sorry its a lot. My case n x employer is a lot. Way too much happened over 8 yrs and i just want to make it known n let the other women be heard. Cuz i know how i feel/felt i cant imagine being a minor n going thru it.

[@GerrySpensers-kj4km]

Good afternoon. Complex question for the autistic mind (myself). My company who terminated me through quiet firing, disability/retaliation I have direct knowledge and emails of showing we received send backs from a major company and resold them the same parts. Can I use this as a bargaining tool as they don't want in federal court per public forum or is it considered blackmail?

[@innocentloyal]

Why does settlement has to pertain to money. Can we ask for a dismissal as a settlement.

[@cassiee3106]

Terrible feedback from mic😊

[@soufwesthoustontx]

That's sad if you are getting spit on. No one deserves that disgusting behavior.

[@viralsheddingzombie5324]

what is causing the loud audio hissing?

[@jawndoekck]

It’s the collective ire of crappy employers Vince has shaken down.

[@ramonahudson984]

Can I ask what my employer settlement amount is before I state my offer

[@ramonahudson984]

My attorney told me school districts are cheap and I probably won't receive much. I somehow feel low balled by my own representation. I have a great case that's about to settle and I deserve better than what my lawyer stated. That's why I asked the previous question

[@thomasinalettieri1080]

I’ve been watching your videos as my mediation with the Eeoc and my employer which is a major hospital in my state is in less than 2 weeks. Your content is confusing and not straightforward ( I know cases are not equal). I’m zoom meeting with my lawyer the night before to discuss my settlement and desperately need guidance as I feel unprepared and anxious.

[@ForeverYoungKickboxer]

I hope your mediation resulted in an agreement that made more sense than continuing the conflict in a legal battle! Im a mediator for a state agency, have done some eeoc mediations also. Everyone recieves information differrently, I find these videos to be helpful to people unfamiliar with the process

[@ADDAxyz710]

So many subscribers, not many likes on the video? Wtf m8

[@MyOtherChannel-zy3tf]

This video just posted a few minutes ago, give it time. Some viewers, across the board, just don't hit the like button for some odd reason. I see this on different sites, where there is a great video with low like clicks, who knows why? Right now there were 44 views and 8 likes. That is pretty good odds...almost 20%.