21 Feb Possible Mediation Outcomes
One of the possibilities in mediation settlement is for the employer to agree to reinstate the employee to the position that they held before they were demoted, or to increase the employee’s pay back to their original pay before their pay was reduced.
Mediation can also provide the employee with money for any economic harm or emotional distress that they suffered because of discrimination. For example, if you were paid less, you could, in a mediation, get the employer to agree to reimburse you for the difference of what you were originally paid with what they were paying you when they reduced your salary.
However, if you sue your employer, chances are there is going to be some, if not a lot, of friction. Often, in a mediation, an employer will demand, as part of a settlement that involves a payment of substantial money, that the employee resign from their employment and agree never to seek re-employment with that employer in the future. That is not always easy to accept, but if the employer is willing to pay enough money to settle the case, then it may be worth it to resign from your job and agree never to reapply for any job with that same employer. That’s a tough decision to make. Some people would rather have steady income than take a big lump sum of money and have to find a new job.
Each case is different, and you have to weigh the risks and benefits of each decision. It is important to consider all of these things if you decide to take legal action against your employer while still employed.
For people who have been terminated, the decision is much easier. If they have been wrongfully terminated, there is not going to be the issue of awkwardness or friction at the workplace, because they are no longer there. That makes the decision of taking legal action easier. But, just because you are still employed, by no means should you automatically give up your legal rights to stay with the employer.
If you have been discriminated on the basis of your disability by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.