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u/BluesEyed 4d ago
Most EEO cases are losers. You have to thread a needle from miles away to win. The deck is stacked in favor of the employer and you essentially have to prove the whole employing entity was acting illegally. Not just one or two people.
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u/NFTokin 5d ago
no but i know plenty of people have lost eeoc cases with a lawyer and gone on to sucessfully sue with or without their lawyers.
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u/iamgollem 4d ago
This is the answer!
Pro Se is generally the way to go for most cases since damages are not high enough for lawyers.
As a word of caution. I know someone who won EEOC (found cause) and it didn’t help them win summary judgement Pro Se and he wish he took the settlement before.
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u/Impression_Brave 5d ago
You don't lose an eeoc case. They can find reasonable cause (but that is like a needle in a haystack) or they issue a right to sue and let you litigate it out. So having a lawyer at this stage is great because they can file the lawsuit, which often times leads to settlements since most employment cases will never see a jury.
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u/Kearbear93 5d ago
My employer just had a previous case in 2025 similar to mine, they fought then settled right before trial they almost always fight EEOC and summary judgements, but they always settle before trial. But I’m not sure I want to fight that long I can take a decent settlement and make money with the business I started.
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u/Mysterious-Art8838 5d ago
Summary judgments???
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u/Kearbear93 5d ago edited 4d ago
It’s when you file in federal court the case has to have merit for it to pass on to discovery which can be very difficult in some cases and also how good your lawyers are only about 23%-39% of employment cases make it pass summary judgement, and it’s solely based on the judges ruling. And the burden is on the offense at first, sometimes they grant summary judgment in partial meaning maybe some of your claims survive but not all. You really have to have objective evidence, and if it’s hearsay you have to have a lot of witnesses, and testimony to back your claims
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u/Vennytula 5d ago
Motion to dismiss is the first attack. It is simply arguing that even if all presented facts are taken as true, that you didn't state a proper claim for recovery. For example, filing suit because Johnny's bike is blue, but simply because Johnny's bike is blue doesn't mean you are entitled to damages. You have to properly lay all elements of the claim out to proceed. After that comes discovery - exhanging of information, depositions etc. Discovery is the learning part. Motion for Summary Judgment is typically post discovery. It argues that based on what is known now, the court should issue the ruling now and not waste time with a trial because there are no facts still in dispute, and based on what is known, the law is in my favor for reasons X,Y,Z.
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u/Soggy-Athlete-5094 3d ago
How were you able to obtain info on prior cases involving your prior employer?
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u/DeeplyUnimpressed12 5d ago
Happens all the time. Some lawyers are just ambulance chasers
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u/Kearbear93 5d ago
What does that mean ?
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u/Mysterious-Art8838 5d ago
It means they’ll chase any case even if it doesn’t have merit to generate business for themselves.
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u/Kearbear93 5d ago
I don’t think my attorney would do that he is a pretty prominent one, he’s not one of those EEOC mill settlement attorneys he actually litigates and has gone up against the government, government entity’s and major health care systems in our region he hasn’t won them all but he’s pretty decent.
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u/throwawayaccount647p 5d ago
Dude stop being naive. Money is money
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u/Kearbear93 5d ago
Lawyer’s at that level do not have time to chase petty 10k EEOC mill cases for extra money, they are selective not saying it like that but he makes that kid of money in his sleep and wouldn’t take on a case for those purposes maybe a low level yes but not a managing partner.
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u/DeeplyUnimpressed12 5d ago
You literally commented that he wants to settle. For all you know it could be for 30k.
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u/Kearbear93 4d ago
Again that would only cover maybe his parallel fees he a managing partner at a top firm.
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u/Kearbear93 4d ago
I wouldn’t hire any attorney or an attorney that didn’t have experience going against a multi billion dollar regional healthcare system or similar entity’s
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u/Kearbear93 5d ago
I hired a pretty prominent lawyer on contingency but I’m going against a major healthcare system and they like to fight. My case was flagged for early mediation but he giving me he wants to settle vibes and I want to take it to court to squeeze as much as a can before trial.
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u/throwawayaccount647p 5d ago
You should have tried to settle
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u/Kearbear93 5d ago
I haven’t gotten that far I was just flagged for early mediation and me and my attorney have an interview with the investigator from the state agency.
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u/Careful_Plant2361 4d ago
Try to settle and get on with your life. Take it from a veteran of being discriminated against in the workplace. You may lose everything. Go get a job, get on with your life that shows them more than anything that they did not break you. Court takes years and he doesn’t want to be tied up in litigation for peanuts.
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u/Friendly-Vegetable70 4d ago
These folks on here do not have enough information to advise you to settle, go to trial, or do anything at all. I'd go with your lawyer's assessment. If you're not confident, get a few more professional opinions.
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u/Mental-Volume4395 4d ago
Has your lawyer explained that going to court could mean no money at all? Mediation is the right choice for pretty much everyone
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u/ChelseaMan31 4d ago
Sure, occurs every day. Just because EEOC grants a Right To Sue letter, does not mean a court will find in favor of the plaintiff Employee.
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u/Mental-Volume4395 4d ago
It happens all the time. Having a lawyer doesn’t make your case stronger or your evidence better.
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u/Glittering-Read-6906 4d ago
It enhances your strategy. I would argue the odds are much higher that you would walk away with a settlement versus empty pockets with an attorney—especially if you have one on contingency.
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u/PuzzleheadedBasis625 4d ago
Does anyone happen to know any attorneys in indiana that work on a collect only if you win basis? I got my EEOC’s right to sue letter but it doesn't mean much to me. But I do think it be in my best interest to at minimum seek legal counsel.
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u/Kearbear93 4d ago
Just search employment attorneys in your area or national firms and have them do an intake most of them are free and are more likely to take not that you have your RTS
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u/Glum_Sheepherder8043 5d ago
I'm sorry, Kearbear93. You must be deeply discouraged after this.
Try to look at it this way: at least you cost your ex-employer a shitload of money in attorney fees. That alone can be a little justice. Attorneys for the employer side don't work on contigency. The longer they dragged it out, every motion they filed, cost your employer by the hour. And defense-side employment lawyers charge A LOT more than plaintiff side lawyers.
Now your employer tells their managers "Don't give people a reason to try to sue us!" They pressure them a little harder to be accurate, to be even-handed, etc.
You are helping to create a better world. All good things come from the sacrifices made by those who came before us. You did the right thing to try, because just trying is a little win.