Why do settlement offers often feel so insulting?

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  • čas přidán 20. 05. 2024
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    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

Komentáře • 68

  • @t-beauty1529
    @t-beauty1529 Před měsícem +6

    “I will burn all this down I will go to trail”😂 ME! 7:25

  • @EdisonFlow510
    @EdisonFlow510 Před měsícem +4

    I love this channel. I know you're dead serious, and right about everything you're saying....but you are HILARIOUS🤣🤣🤣

    • @123NopeNotMe
      @123NopeNotMe Před měsícem +2

      Same! 😂 😂

    • @EdisonFlow510
      @EdisonFlow510 Před měsícem +1

      ​@@123NopeNotMewhen I need a pick me up and some applicable advice for "educational purposes" only, this page is my new go to🤣

  • @AWishingWell
    @AWishingWell Před měsícem +3

    the plain face "that is not the law Michael" got me rofl

  • @MyOtherChannel-zy3tf
    @MyOtherChannel-zy3tf Před měsícem +3

    The client has to decide and understand the risks of going to trial. The strength of the case, as well as the weakness (if any), must be fully explained and understood in order to make a rational decision.

    • @MyOtherChannel-zy3tf
      @MyOtherChannel-zy3tf Před měsícem +1

      Hi ​@A.R.American-ic4co - I would have thought that the number of cases won at trial would be much higher.

  • @T3hXinro
    @T3hXinro Před měsícem +4

    This was the advice I needed right now. Thank you.

  • @ForeverYoungKickboxer
    @ForeverYoungKickboxer Před měsícem +1

    I always tell people not to associate the offers with what the other side thinks of them or what they are worth as a person, that is not it t all (usually).
    Thanks for the shout out and kind words, Sir!

  • @GIII31.
    @GIII31. Před měsícem +8

    My attorney offered 200k plus my job back. They came back at 1800 and my job back

  • @tulipanegradesign
    @tulipanegradesign Před měsícem +2

    I can’t believe that I caught a live and great subject

  • @Msmeezy
    @Msmeezy Před měsícem +2

    What does it mean when the EEO investigator say “your case is comprehensive” how does Vince white interpret that

  • @mapachtli42
    @mapachtli42 Před měsícem +2

    Hi Vincent, love your channel. I've been watching your videos carefully and I appreciate the information you give out and the lighthearted approach as well. I have a question, maybe you can help me out. I'm currently involved in a case. It's in MA not NY, but hopefully you can give me advice anyway. After 15 years with a company, and in steadily rising roles, responsibilities and salaries, I finally ended up working for a person that clearly did not like the cut of my jib. The short of it is that after first firing my boss and me reporting to her directly, she canned me within 2 months of that change. I fall in multiple protected categories; race, national origin, age, and disability (or perceived disability). I'm represented by what I believe is a skilled lawyer who has advanced the case past filing with the EEOC, MCAD, and two other state authorities since the boss is in one state, the employee in another, and the company in a third. I get the impression that my lawyer is focussing on disability as the main line of attack. Shortly after I started reporting to the new boss I revealed to her that I suffered from a chronic condition that falls in the general category of the big "C". Without getting too deep in the weeds my oncologist thinks it's one of those conditions that you die with, not die of, however the treatment is very expensive. Upon finding out about my condition my boss urged me to go on LTD and asked if she could share my information with HR. I said LTD was unnecessary but she could share with HR. a rapid set of meetings and incidents ensued that resulted in me being terminated for "something akin to insubordination". The HR rep and the boss who fired me are no longer with the company, and the company's outside legal counsel is angling for negotiation since before the EEOC filing but more urgently now after the filing. My question is on the focus on disability. My lawyer thinks that proving age discrimination or racial discrimination in this case is harder than disability discrimination since the company could always argue that my boss acted rashly in firing me but not for reasons of age or race. What is your opinion based on this limited set of facts? I look forward to your reply.

  • @soufwesthoustontx
    @soufwesthoustontx Před měsícem +1

    I thought the sign in the back said McJobAttorney lol.

  • @crazytiedyemom84
    @crazytiedyemom84 Před měsícem +1

    I AM whole ❤edly ready to dive into this journey. I am saying no till they hit our number or see them in federal court. Period. Cuz even if i dont win. Seeing my x employer have to dish out money for his attorney and him and his wife have to go thru this process for however long it may take .... and once it will be on public record hoping we can get local newspapers as well as Pittsburgh news channel to take it. Omg to me that will give me so much power. Its not about the money for me its just having ppl see who he is. And my town is small he has kids similar ages to mine go to same school. For once it will feel good for ppl to look at him differently. And maybe tarnish his business along the way. Not being petty either. When u let a s. Harrasser continue for yrs even thou i begged him not to re hire him. That decision hurt 6 other women (3 of those were minors) so ya money would be absolutely amazing for all the trauma ive been thru n stress n anxiety. But the x employer finally getting a small taste of what i felt n the others felt is def a plus! I agree with the statement we def got a shit counter offer n its just motivated us to move on n fight harder!! ❤❤ thanks vince as always. Keeps my mental health n stress about the future of my case low having new stuff to watch all the time whether it pertains to me or not. Im all in learning this stuff!!❤❤

  • @HushMoney808
    @HushMoney808 Před měsícem +3

    Hi Vince, What signal do you read from this situation. Employer offers $20k on termination, counter is $150k, Employer counters $35k. This is before any lawyers got involved. Matter now in Court.

    • @ProSePlaintiff
      @ProSePlaintiff Před měsícem

      You ain't getting 150K with or without a lawyer? 😂

    • @jawndoekck
      @jawndoekck Před měsícem +2

      I'm not Vince, but you boxed yourself in some where in the middle. Without knowing anything else, my lay persons guess is that you're going to get $55K.

    • @user-ur7bo7sk2q
      @user-ur7bo7sk2q Před měsícem

      @@ProSePlaintiff lawyer is taking 40%.

  • @globalfamily8172
    @globalfamily8172 Před měsícem +2

    Good information, thanks.

  • @Adehead
    @Adehead Před měsícem +1

    Do Judges ever set a award for Plaintiff if they find Defendants did break laws? Like after Summary Judgment conclusion?

  • @globalfamily8172
    @globalfamily8172 Před měsícem +1

    How do you explain a decent first counter-offer and then the brakes?

  • @GlenMoyer-zd6np
    @GlenMoyer-zd6np Před měsícem +1

    Vince, Can you bring discriminatory comments / actions into your case that are beyond the statue period if the discrimination continues and you finally say enough is enough and file ? Another words showing a continuous pattern.
    Thank you.

  • @viralsheddingzombie5324
    @viralsheddingzombie5324 Před měsícem +1

    Vince and Michael need to have an MMA match.

  • @hmtb-qg5uy
    @hmtb-qg5uy Před 11 dny

    Hi Vincent, thank you for the informative videos. I would appreciate your response to my question. My charge transferred from EEOC to Commission on Civil Rights of the ….. state, is it good or bad?

  • @Shiz20136
    @Shiz20136 Před měsícem +2

    Can you talk a about hearing in front of AJ vs. Going to federal court and when one is better option than the other?

    • @johnworfin
      @johnworfin Před měsícem +3

      If you're talking about the federal EEOC process and you don't have an attorney, the safer option is typically to request the hearing in front of the AJ. If you do have an attorney, it might, depending on the circumstances, be faster to go directly to district court than see the federal sector hearing and appeal process all the way through.
      Once the Agency has completed its investigation you have the options to 1) Request a Hearing; or 2) Waive your right to hearing and ask for a Final Agency Decision (FAD).
      If you do request a hearing, you can always later choose to withdrawal your hearing request, obtain a FAD, and then go to federal court on the FAD. The point of requesting the hearing is to have a non-Agency decision-maker and an opportunity to develop the record (e.g. through discovery) since most federal agencies could not develop an adequate factual record during an investigation if their Congressional funding depended on it.
      If you do not act in time, you waive your right to request a hearing and the Agency will issue a FAD. At that juncture you can appeal to the EEOC Office of Federal Operations (OFO) or skip the appeal and go directly to federal court.
      If you choose to appeal to the EEOC OFO and believe their decision to be mistaken, you can still go to federal court and pursue your claims in a de novo proceeding.

    • @Shiz20136
      @Shiz20136 Před měsícem +1

      @@johnworfin I do have an attorney. In what circumstances in your opinion is it better to go directly to federal court instead of a hearing?

    • @johnworfin
      @johnworfin Před měsícem +3

      @@Shiz20136 That's a decision to make with your attorney.
      The Federal EEO administrative process is longer, but there is an advantage in that the Agency is bound by those results (and cannot go to court if they do not like the EEOC OFO decision) where as you have the right to kick off a de novo proceeding in district court if you want.
      In some sense, a plaintiff who fully participates in the federal EEO administrative process and ends up with a bad result can get a second bite at the apple and multiple passes at discovery.

  • @JackDamjien77
    @JackDamjien77 Před měsícem +2

    LOOKS LIKE MY ROOM WILL i BE A LAWYER ONE DAY?

    • @ProSePlaintiff
      @ProSePlaintiff Před měsícem +1

      You can be a marketing guy for a law firm.

    • @JackDamjien77
      @JackDamjien77 Před měsícem +1

      @@ProSePlaintiff The only market I know is the one selling oranges.

  • @philipmorningwood747
    @philipmorningwood747 Před měsícem +1

    But tell me really how you feel about Michael W.

  • @DRHightower
    @DRHightower Před měsícem +1

    Mr. White,
    my employer held a meeting telling us we couldn't talk about pay except to him.
    3 days later held another affirming that we couldn't dicuss pay and may us sign a for stating such.
    2 day later I was fired for discussing pay.
    I have all 3 incidents clearly on video and audio, as well as a picture of the form they made us sign.
    I have never had a write up or a talking to, I'm also a supervisor.
    I live in idaho.
    What would you say about my case that I may need in order to have maximum bargaining power?

    • @ProspectSlim
      @ProspectSlim Před měsícem +1

      What is your cause of action?

    • @OctupleThreat
      @OctupleThreat Před měsícem +3

      ​@@ProspectSlim
      I am not a lawyer, but it still sounds like it could be unlawful termination.
      That would be the cause of action; damages would include back pay, front pay, possibly emotional damage depending on factors, and should (IMO) include the cost of litigation.
      Assuming this was in the US, which there's no reason to not assume such, discussing pay with coworkers is generally a protected activity. Unfortunately from what little I know, violating the FLRA carries a lesser penalty than the ADA.

    • @mathwizardwithdistantlearning
      @mathwizardwithdistantlearning Před měsícem +3

      NLRB can’t be fired for discussing pay. However, you are a supervisor, you represent the interest of the employer.

    • @DRHightower
      @DRHightower Před měsícem +1

      @@mathwizardwithdistantlearning that's the title, but I'm more of a team lead. My shop has been so short staffed since I took over that I've rarely supervised anything.
      Our current attorney said with all the recordings it's a slam dunk.

    • @DRHightower
      @DRHightower Před měsícem +1

      @@OctupleThreat our litigation is operating on contingency fee.

  • @ProSePlaintiff
    @ProSePlaintiff Před měsícem +1

    Why happens if you put away your laundry and stop hoarding flannel shirts?

  • @ProSePlaintiff
    @ProSePlaintiff Před měsícem

    Is Vinny going cra-cra-crazy onnnnnnnnnnn this channel? 😂

  • @brianlo164
    @brianlo164 Před měsícem +1

    The thumbnail looks like you have a top bun with chopsticks in your hair lol

  • @BachelorCigarTalks
    @BachelorCigarTalks Před měsícem

    Vince where's my 5 mill 💸💵💲🤨?