Employee Claim Mediation: What It Takes To Come Out Successful

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  • čas přidán 2. 05. 2018
  • For more visit: www.floridaovertimelawyer.com
    Watch Attorney Alex Scala share what you need to know about mediation.
    Learn what mediation is, what the tool can accomplish for you, and how it can help you avoid going to court - possibly for a quick win - quick resolution.
    She explains it's role in the litigation process and breaks down what you can expect from this step in the process.
    We work hard to ensure that our clients are never taken by surprise - and that means preparation.
    As a client you may received an offer during mediation.
    Alex explains exactly what you can expect. A neutral mediator, opposing counsel, your representation - and shares what you will encounter when you walk into the room.
    Say you were wrongfully terminated from your job. You may be able to find a quick win to get you past your employment situation with a settlement in mediation.
    As a part of our litigation series explaining the process - watch this brief but important outline of what happens.
    You won't face a judge or jury in mediation, but it may be the fastest route to settle and put your employment situation behind you and move on.
    Every employment lawsuit has risks and potential rewards - learn more about this important step in litigation which may save you a heap of time and trouble.
    If you find yourself in an employment situation - don't hesitate to reach out. I review all claims personally and if you have a case - we'll help you get through it together.
    PRACTICE AREAS:
    Wrongful Termination Claims
    Workplace Sexual Harassment
    Unpaid Wages & Overtime Claims
    Discrimination
    Qui Tam Fraud & Whistleblower Protections
    Employment Law
    Official Website: www.floridaovertimelawyer.com
    Visit us on Facebook: / 1419307155000456
    Google+: plus.google.com/u/0/b/1118520...
    Learn more about how depositions work in a workplace dispute here: • Depositions: An Employ...
    Richard Celler Legal, P.A.
    7450 Griffin Road, Suite 230
    Davie, FL 33314
    Phone: 954-903-7475
    401 East Jackson Street
    (SunTrust Tower), Suite 2340
    Tampa, FL 33602
    Available for Consultation
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    Jacksonville, FL 23801
    Available for Consultation
    Lucerne Executive Center
    100 W. Lucerne Circle Suite 200
    Orlando, FL 32801
    Available for Consultation
    #employmentclaimmediation #employment law #employmentlawsuitprocess

Komentáře • 95

  • @jwest8514
    @jwest8514 Před 5 lety +57

    Mediation is another way to compensate the company that wrongfully terminated you! Lol.... Take it to court! The jury will always be in your favor!!!

    • @ForeverYoungKickboxer
      @ForeverYoungKickboxer Před 5 lety +4

      It may seem that way, but on average 5% or less (usually less) of employment cases end up with a determination in favor of the complainant. Every person, and I'd be the same, believes their case is LOCK SOLID, a SLAM DUNK, etc. But the reality is the overwhelming majority of them will not prevail.

    • @jwest8514
      @jwest8514 Před 5 lety +7

      @@ForeverYoungKickboxer There are good Godly Attorney's and there are lier liers!

    • @Halfstep2024
      @Halfstep2024 Před 5 lety +6

      Justin Vasquez it has nothing to do with an attorney anymore in most states. Like in Tennessee they have it so completely fucked now you don’t even need a lawyer for it anymore. All they do is fill out the paperwork and take 20% that’s pretty much it.

    • @cba4389
      @cba4389 Před 4 lety +9

      A good attorney will keep you out of court. Justin doesn't know what he is talking about.

    • @twincherry4958
      @twincherry4958 Před 4 lety

      @@ForeverYoungKickboxer I heard that and it's shocking!

  • @mosteve30
    @mosteve30 Před 5 lety +6

    Thank you for your video. This helped calmed my nerves.

  • @kevinbaldwinemploymenttria7903

    Nice job. Good explanation. Correct in all aspects. People should find this helpful since it is based on reality and the application of the law to process.

  • @personalinjuryshow
    @personalinjuryshow Před rokem

    Excellent explanation, thank you.

  • @andremclin9247
    @andremclin9247 Před 2 lety +14

    Mediation is another way to screw over the employee, I agree take it to court, you're gonna get low balled. Especially if the company was malicious.

    • @maurice2014
      @maurice2014 Před 2 měsíci +2

      Not true sometimes when you take in account the fees, time, and risk mediation is a lot of times more effective for both parties

    • @Starr0010
      @Starr0010 Před 12 dny

      @@maurice2014yess n normally the other side will have ta pay n it won’t be a cheap price. It’s even bad wen they loose

  • @kristimay7373
    @kristimay7373 Před 4 lety +18

    To stay out of court and sign nondisclosure agreement to hide the companies acts of greed I they can keep their reputation clean. No company wants their customers to know how the abuse their employees.

    • @kimberlygravelle9659
      @kimberlygravelle9659 Před 4 lety +3

      I believe there's new rules that the employer can no longer get the n.d.a. AND write off their losses. They must now choose one of the other. To me this is huge. Part of coming forward is protecting everyone from a bad employers.

    • @kevinbaldwinemploymenttria7903
      @kevinbaldwinemploymenttria7903 Před 2 lety

      Companies don't really care about bad press anymore. There is too much news from too many sources and any bad press for discrimination against employees gets drowned out in the echo chambers people tune into for their news. Don't think so? What is your opinion of Autozone (car parts place)? Good or bad? B/c they got hit with a HUGE 100 million dollar verdict in California for pregnancy and gender discrimination. Made the news. Did you hear about it? How about the down syndrome woman who sued Walmart and won, did you hear about that?

  • @sugarmama217
    @sugarmama217 Před 5 lety +2

    thanks for input

  • @mpwaghray
    @mpwaghray Před 4 lety

    A good interaction.

  • @smashbeans
    @smashbeans Před 2 lety

    What if the guilty party got fired from work for unrelated reasons,can I still go to mediation? Is my law suit still active?

  • @seanleonard8067
    @seanleonard8067 Před 4 lety +9

    Who wants a beautiful day based on this definition ??????? I say go for trial !!!!!!!! Let the jury use their human instincts to guide their decision after digesting the facts.

    • @kevinbaldwinemploymenttria7903
      @kevinbaldwinemploymenttria7903 Před 2 lety

      Obviously, you've never been down this road under the discrimination laws and their proof requirements to even get to a jury.

  • @mcdonald2037
    @mcdonald2037 Před 5 lety +2

    I work tru an employment agency the place they sent me i was there for over a year i got let go cause of retaliation tru wistleblowing... Who do i press charges

  • @roldyczarmoaes6226
    @roldyczarmoaes6226 Před rokem

    Can Mediation Go forward without your presence during discussion on case and settlement agreements. Had mediation ask to be presence and was left out. There was no agreement o any offer settlement given . Ask about what what discussed and no updates given now a offer is given after 3 weeks of mediation. Where can you search case is filed thru finding o info mediation

  • @keishalove1212
    @keishalove1212 Před 3 lety +1

    I have a set number but going high just to get that number no lawyer needed

  • @espianmashias9565
    @espianmashias9565 Před 2 lety +1

    What is your specialty or title in law?

  • @keishalove1212
    @keishalove1212 Před 3 lety +6

    I got one tomorrow no lawyer but ready for the challenge

    • @slaving300
      @slaving300 Před 3 lety +1

      How was the process?

    • @keishalove1212
      @keishalove1212 Před 3 lety +10

      I be win 12000 but could had got more with lawyer get lawyer please he right!

    • @carolynwilson9828
      @carolynwilson9828 Před rokem

      Congratulations 🎉 I Have a Case and She was Sending Something on Today Monday January 30th I'm waiting on My Call

    • @ArracheliLopeia
      @ArracheliLopeia Před 26 dny

      ​@carolynwilson9828 how was your case did it settle?

    • @keishalove1212
      @keishalove1212 Před 26 dny

      I win my case

  • @MzTeeL
    @MzTeeL Před 2 lety +4

    I’m calling your office tomorrow. I need an attorney. EEOC granted my charge of discrimination to go to mediation.

    • @_twyy
      @_twyy Před rokem

      How did it go?

    • @MzTeeL
      @MzTeeL Před rokem

      @@_twyy my employer moved all involved to a new department. I have a new director and new manager. I pray whatever you’re going through gets better

    • @_twyy
      @_twyy Před rokem +1

      Wow, they moved me to me, but I was stilling getting harrassed they ended up terminating me now we're in mediation

    • @MzTeeL
      @MzTeeL Před rokem +2

      @@_twyy I hope you get money out of it. All attorneys told me if I was fired then I’d have a solid case 🤦🏿‍♀️😩

    • @_twyy
      @_twyy Před rokem +4

      I need justice. "the system" will not continue to handle black women or women in general like this. At least not my generation 💯

  • @mauricewells7838
    @mauricewells7838 Před rokem +1

    So are punitive damages calculated in mediation or is that only in a trial setting?

  • @marcarianlawfirm5926
    @marcarianlawfirm5926 Před rokem +1

    Hello! Hope all is well, Find the Right Attorney for Your Case Can Seem Impossible. If you or somebody you care about has been wronged by your employer, you may need assistance from a skilled attorney today. At the Marcarian Law Firm, we are standing by to help ensure that workers in and around the Los Angeles area receive any compensation they are entitled to after experiencing the situations.

  • @xaviusamericus9561
    @xaviusamericus9561 Před 4 lety +5

    Pretty good video. (Just be careful of the jewelry next time. Keeps making a clacking sound when you hit the table.)

  • @mshark002
    @mshark002 Před 3 lety +1

    Do you have anyone you can recommend in Chicago?

  • @lvl-savage-lvl6659
    @lvl-savage-lvl6659 Před 3 lety

    My case is in a few months only 19 with a herniated disc 🙏🏼🙏🏼🙏🏼

    • @Kcarneirowashere
      @Kcarneirowashere Před 3 lety

      Good luck. I pray you prevail. My case is August 4 Los Angeles against my former employer (disgusting corporate) for a list of causes at least 14. Deposition has been great with my attorney. I have faith in her after seeing her in deposition. Just had a deposition on the 4th and she so good that, she wasn’t even finished so she has to schedule a finish date and on top of that, she has another deposition to do but my mediation is next week on the 9th. I’m nervous yet excited. Did you go to mediation yet?🤔

    • @lvl-savage-lvl6659
      @lvl-savage-lvl6659 Před 3 lety +1

      @@Kcarneirowashere thank you, I hope everything goes you’re way as well 🙏🏼 my mediation is in 2 months btw

    • @kontrakontraversy6449
      @kontrakontraversy6449 Před 2 lety

      @@lvl-savage-lvl6659 how did everything turn out for you??hope all went well

  • @terrig5492
    @terrig5492 Před 3 lety +8

    It's unrealistic to put a price on a person's health, that's what's unrealistic... It's not a beautiful day when it's over either . Most of the time an injured worker leaves the mediation with the same health issues , if not more , that had brought them into the whole WC process to begin with.

  • @martyca6
    @martyca6 Před 4 lety

    Has anyone heard of the Squabble App. Is this a good website. One min. Video on CZcams. What do ypu all think, need opions.
    Thanks in advance

  • @roldyczarmoaes6226
    @roldyczarmoaes6226 Před rokem +1

    Can the mediator throw out a number recommendation on a offer settlement

    • @carolynwilson9828
      @carolynwilson9828 Před rokem

      This what I'm Trying to Find out they told me they Ready to Settle So I Don't understand

  • @jamesreynolds4487
    @jamesreynolds4487 Před 4 dny

    If anyone is still here watching these videos, I’m gonna tell you right now if you have hired an employment, lawyer and the employment lawyer is free whatever you can get out of mediation take it. The stuff that Richard Celler says has uniform nationwide application. These employment lawyers can care less about what happened in the workplace you’ve been discriminated against. They hear workplace discrimination and a possibility of a quick $50,000 settlement. if you don’t take that, they’re probably gonna unload you at some point. No matter how much wages you are out of no matter how detrimental the discrimination was. Nobody really cares when these things go to court it’s about the two attorneys and an attorney is willing to get some insurance company to give you $50,000. Take it and run because that’s about all you’re gonna get. The discovery process the deposition process is all in favor of the defendants. The only time you will have a real shot at one of these cases is if the EEOC takes it up. That signals to the federal court that there’s something that really needs to be addressed. That doesn’t take the money and run.

  • @carolynwilson9828
    @carolynwilson9828 Před rokem

    Is it bout the Number They said they had to put Some Number together 😲 Wow

  • @purpleice7277
    @purpleice7277 Před 5 lety +6

    Is it better to ask for your job back or a settlement amount of moneys?

    • @keishalove1212
      @keishalove1212 Před 3 lety +15

      Money they don’t won’t you back

    • @kontrakontraversy6449
      @kontrakontraversy6449 Před 2 lety +2

      If they are willing to pay you out take it, it's cheaper to keep you

    • @Starr0010
      @Starr0010 Před 12 dny

      If they wanted u they wouldn’t have let u go n the first place n u wouldn’t be taking them ta court!

  • @s.e.hebert7307
    @s.e.hebert7307 Před 5 lety +9

    How does everyone getting worse results than they wanted make the day _beautiful_??
    Even your cut is less, but you smile. Bewildering.

  • @helenewebster-sisk2407
    @helenewebster-sisk2407 Před 2 měsíci

    Atty never discussed discuss what my case was worth.

  • @carolynwilson9828
    @carolynwilson9828 Před rokem

    Is it about the 💰 Money I'm Trying to See They are Ready to Settle wit me thank God 🙏 it's Been 4 years omg

  • @johnptc
    @johnptc Před 3 lety

    What about the employer who pays the entire bill even in a bs case. It just legal blackmail.

  • @lucialare7590
    @lucialare7590 Před 3 lety +2

    Mediation was a trap and they wanted me to sign too many provisions and pay for their legal fees if I wanted to pursue charges against the man who sexually harrassed me and needed them to go to court it was a trap and I couldn't afford to pay those legal fees mediation was a trap and not successful.

    • @ali49662
      @ali49662 Před 2 lety

      What did you do instead? My gf got sexually harassed yesterday at amazon but doesn’t want to report because too much drama. Any other options?

  • @seanleonard8067
    @seanleonard8067 Před 4 lety +9

    This woman sounds like she deals with low end cases not major cases . Just my uneducated opinion.

    • @kevinbaldwinemploymenttria7903
      @kevinbaldwinemploymenttria7903 Před 2 lety +1

      Low end cases . . . . what does that mean? Most cases are single plaintiff cases with damages based upon lost wages and under most employment laws, the damages are capped. For instance, the down syndrome woman who won the $125 million dollar disability discrimination verdict against WalMart in Wisconsin? Due to legal limits on damages Walmart will only have to pay $350K in punitive and emotional distress damages. Having done over a thousand of these, and having tried some of the bigger cases in my state, I can tell you this video is spot on. Does it apply to class actions? No. But in those cases, the individual plaintiffs get even less money.

  • @helenewebster9462
    @helenewebster9462 Před rokem

    My Attorney, Kevin Little did encourage Mediation because it would have exposed his Conflict of Interest representation to my prior Employer, Ralph Lauren. What would have been exposed were the following: 1. Subordinate Perjury Affidavit " Age Discriminated" was Atty. Kevin's manipulated Malfeasance Malpractices decision and instructed that was forced, intimidated, and coerced circle Age Discrimination or else won't represent you. #2. The Mediator and I would have discovered that Atty Little and PRL Amanda Costello had violated Attorney- Client Confidentiality. Atty Kevin Little willfully and without consent shared my Direct Evidence, my Chronological Timelines, Retaliated- Hostile Work environment Written Warnings and Wrongful Terminated, Direct Evidence of Racial and Disability Discrimination's written by Manager Blyth Stephenson and in-house EOC Amanda Costello and Ben Ashton, #3. Mediation would have EXPOSED that both Atty Little and PRL Amanda Costello-Ben Ashton had withheld Relevant Evidence, neglected to submit to EEOC Intake- Karen Watkins Direct Evidence that was written by Blyth called and stated to HR Sarah Bolton that I was the following: "A Nigger," "Stupid," "Crazy" " Ignorant," "Mis-match don't fit in," etc. #4. Exposed Nepotism on both Monica and Blyth discriminated in hiring friends pre-hired and post Employment. #5. Withheld Sales Reports that would have contradicted Blyth, Monica, and PRL Amanda Costello Position Statements. #6. I would have Discovered Atty Kevin's statement of Claims contradicted what I wrote and stated on the only day he agreed to meet with me 04/04/2006. #7. I would have discovered that PRL NEW in-house EOC Department was Schemes to overthrown, obstructed Federal Interference, and dismantled my EEOC Charges of my Constitutional Rights.
    #8. The EEOC Mediator and I would have realized that Atty Kevin and PRL Amanda -Ben and VP Andy Romeo had committed malicious Conspired Conflict of Interest to cover up PRL violated Civil Rights Practices and Labor hour-wage Fraud, Overtime Fraud and Commission Fraud against Client who is African- Americans.
    #10. I would have learned that Amanda Costello and Ben Ashton were NOT EOC Counselors but PRL' s personal Attorneys that misrepresented to gain trust of Employees and pretended to to bias.

  • @nyacoustics8373
    @nyacoustics8373 Před rokem +2

    a million bucks is not unrealistic and you were making a couple hundred grand a year , have emotional damages etc

  • @cbaymult9411
    @cbaymult9411 Před 3 lety +1

    Hold camera still

  • @MGarage2816
    @MGarage2816 Před 24 dny

    Take them to COURT!

  • @hoodhero8027
    @hoodhero8027 Před 4 lety +8

    she's lying through her teeth... if your in mediation or have one scheduled, the sky is the limit

    • @twincherry4958
      @twincherry4958 Před 4 lety +3

      @HOOD HERO tell me more, mine's upcoming.

    • @hoodhero8027
      @hoodhero8027 Před 4 lety +8

      @@twincherry4958 mediators only have one thing on the agenda, which is settling the case. if you have evidence and all your ducks lined up in a row high ball it, keep it moving.

    • @Floridaovertimelawyer
      @Floridaovertimelawyer  Před 4 lety +4

      HOOD HERO - Lol. I guess you have it all figured out. I can’t even get upset about your response. It’s so ridiculous, it made me laugh. Made my day. Stay safe out there!

    • @kevinbaldwinemploymenttria7903
      @kevinbaldwinemploymenttria7903 Před 2 lety +4

      Here are the facts on damage caps under the federal law (if your case is brought for race, gender, sex harassment, national origin etc):
      When it comes to compensatory and punitive damages, a Title VII plaintiff is subject to the following damage caps:
      15 to 100 employees: $50,000.
      101 to 200 employees: $100,000.
      201 to 500 employees: $200,000.
      501 and more employees: $300,000.
      The only way to exceed this is if you are under uncapped state discrimination laws or have a Sec 1981 or Sec 1983 claim.

    • @winterspink
      @winterspink Před rokem

      I got one coming up, but my lawyer says it’s just to obtain information on why they are not paying me

  • @cbaymult9411
    @cbaymult9411 Před 3 lety +2

    Quit banging bracelet

  • @nyacoustics8373
    @nyacoustics8373 Před rokem +2

    be prepared to get lowballed and here insulting offers!

  • @tobygolddenspear2493
    @tobygolddenspear2493 Před 3 lety

    The hands are distracting .

  • @umomuthoni8496
    @umomuthoni8496 Před 4 lety +5

    Poor body language

  • @AB7N.C
    @AB7N.C Před 2 lety

    Three thumbs down 👎👎👎

  • @AB7N.C
    @AB7N.C Před 2 lety

    Two Thumbs down 👎👎