So, I often tell our clients that there are three times to try to settle a case. First, before the case even begins, when we send a letter to the employer notifying them that we intend to pursue litigation against the employer if they are not willing to resolve the matter.
Second, at the EEOC, either in mediation or after the EEOC has issued a right to sue letter. Finally, after we have filed a lawsuit, and discovery has been completed and the parties are either preparing for trial or preparing for a summary judgment motion. In the past three months, we have settled nine cases — three settled after discovery was completed and the employer had either lost their summary judgment motions or were preparing for summary judgment.
Three settled at the EEOC, and three settled before we even filed with the EEOC. While some attorneys do not believe in trying to settle cases before litigation, we believe it is up to the client — many of our clients don’t want to wait two to three years for the EEOC to conduct its investigation, and for the litigation process to wind through the courts. T
hey are not interested in striking the jackpot; rather, they just want to be treated fairly and shown respect. And for them, that generally means negotiating the equivalent of a severance agreement as a resolution to their potential discrimination claims. So, if you are in that position, give us a call and we will talk to you about your options and what we can do to assist you.