Monday, July 11, 2011

Can I ask to settle my case even though my eeoc attorney wants to go to trial?

I am in the middle of an EEOC case. We have already been to a couple of mediation's, to which very little time was actually used to discuss monetary compensation. The sessions were mostly about the changes in the ex-employers eeoc rules. My EEOC attorney has a number in mind that the do not want to settle for any less than. At the last mediation the employer came up some on their offer to which we debated taking but our EEOC attorney told us they were not allowed to except less than their minimum amount wanted. Of course never being through anything like this before we turned it down hoping for another mediation. Now there is a trial date. We really do not want to go and chance getting less or even losing. We talked with EEOC attorney and they actually had spoke with the employer sometime after the last mediation and the offered a little bit more but still not enough and so the attorney turned it down without asking us. We now keep asking to do another mediation or just to accept the last offer. We just keep being put off saying they will check into it or there is no offer on the table at this time, or they keep saying "why don't you want to go to court"? I didn't think anyone liked to go to court. Anyway I want to know what my rights are. I thought you were allowed to settle at anytime. I also thought they were supposed to ask us if there was any offer on the table before they can reject it. What are our options right now to avoid having to go to trial. We are very grateful for the EEOC taking our case and I don't want to make anyone mad by not going to court but I can't afford to chance losing. What should I do?

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