KEYWEST_RICKS Posted November 16, 2009 Report Share Posted November 16, 2009 Have an employee who filed a complaint. no merit to the claim. they were just disgruntled employee. now i understand how these things can go really bad even if the facts are in your favor. however, my question is that we received a form asking us if we wanted to go through mediation on this. Have any of you out there been through this process? everything i read says to not just dismiss mediation out of hand. anyone with any comments on this? thanks Quote Link to comment Share on other sites More sharing options...
jainen Posted November 16, 2009 Report Share Posted November 16, 2009 >>no merit to the claim<< That attitude will not serve your interests at all. It proves that you do NOT "understand how these things can go really bad." Merit is totally irrelevant in mediation, so be prepared to make MAJOR concessions, whatever it takes to keep this out of court. Talk to your lawyer. Talk to your accountant. Talk to your pastor. Quote Link to comment Share on other sites More sharing options...
taxxcpa Posted November 16, 2009 Report Share Posted November 16, 2009 Have an employee who filed a complaint. no merit to the claim. they were just disgruntled employee. now i understand how these things can go really bad even if the facts are in your favor. however, my question is that we received a form asking us if we wanted to go through mediation on this. Have any of you out there been through this process? everything i read says to not just dismiss mediation out of hand. anyone with any comments on this? thanks If you fired an employee for a good cause, you just need to explain the circumstances. Bring proof if you can. A friend of mine where I used to work fired his secretary who was a militant Black. I know he did not discriminate because of her race and, also, he was later promoted to a higher-level job. It may have helped that he was a lawyer and knew how to document his case. I've also heard of other similar cases in the same company and the people accused of discrimination always won. The company had a very strong anti-discrimination policy. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted November 17, 2009 Report Share Posted November 17, 2009 Rick, you should at least talk this over with an attorney who specializes in employment law, on the employer's side. Before you make the decision. It could save you a lot of money and trouble. Being in the right is not enough, if the former employee has gone to EEOC. Talk to an attorney fast. My oldest son not only practices in this area, he teaches it. I know what I'm talking about when I tell you this is NOT a do-it-yourself situation. Quote Link to comment Share on other sites More sharing options...
jainen Posted November 17, 2009 Report Share Posted November 17, 2009 >>you just need to explain the circumstances<< Mediation is NOT about circumstances. It is about compromise. Every state has at-will employment, which means you can fire an employee without any cause at all. You just can't discriminate against the few protected classes such as race and gender. So, sure, you can win the court case--but the legal fees will cost you $50,000. That's fair, but not realistic. Mediation is the blackmail where you only get stuck for $10,000. That's unfair, but realistic. Next time, keep your employees fully gruntled. Quote Link to comment Share on other sites More sharing options...
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