In the last couple of weeks, I helped a client settle an age discrimination complaint by an ex-employee for $600.00 at a state’s human rights’ agency. I don’t want to be too specific about the details due to confidentiality & ethical concerns.

The complaint was baseless. The employer is a great social services organization. The settlement is similar to a recent NLRB settlement I negotiated for 40% backpay.  This case also concerned a social services agency & allegations of firing in retaliation for concerted activity. In both cases, the complaints were groundless, but the settlements were cheaper than prolonged litigation or dispute resolution.

Another common element in these cases, as with most labor & employment complaints I deal with, is that the complainants almost always think that they’re going to receive a financial windfall & shock the world with revelations of abuse, mismanagement, etc. That’s just not reality. More often than not, the ex-employees have to realize that if they want to get a quick resolution & money, or some sort of resolution, from their complaints, then they should reach a cost-effective settlement.

The agencies that process these complaints are usually cognizant of these realities already, which is probably why they don’t block these settlements, and sometimes even persuade the complainants to accept these terms. These agencies have huge caseloads & need to spend greater resources on substantiable complaints.