Q: Can I accept a settlement from my former employer in an EEOC charge that is higher than the law $ cap?
I know that in EEOC discrimination cases, financial settlement is limited based on number of employees in the company. Can the company offer a higher settlement amount than the cap limit the law has set? Such as for a company under 100 employees, but more than 15, limit says $50k. Can the company legally offer more than $50k and can the employee accept it without issue?
A: Offering more than they have to would certainly be surprising. Generally, a party that has rights under the law can voluntarily waive those rights. That is a general guideline I am giving you, not a legal opinion for your particular situation, as I could not be certain of the answer to your question without researching it. Do you have an attorney representing you, and if so, why are you writing in to Justia?
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