Newburgh, NY asked in Employment Law for New York

Q: mediation for pro se

wrongful termination discrimination eeo person never told supervisor i complained was terminated 30 days later

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: A legitimate non-discriminatory reason can wipe out discriminatory motives. It's the employer's motivation which needs uncovering and that is never easy.

An employer may even rely on facts which are not true to make termination decisions if the employer believed those facts were true. The employee must show pretext regarding what the employer's actual motivation was.

Neither employee nor employer are forced to mediate any claim although a federal court, after a lawsuit is filed, will likely order mediation.

Going to mediation pro se, without legal representation, is a terrible idea. Many many cases, even with skilled employment lawyers, are eventually dismissed. But busy employment lawyers will not accept cases with weak facts because even they will consume many hours and the payout, if any, is unlikely to be worth the time invested.

If you are unrepresented hopefully this answer has convinced you to retain legal counsel ASAP because discrimination complaints are sometimes made in anticipation of termination which does not make those terminations illegal. Otherwise anyone anticipating termination could prevent their firing by making a grievance.

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