In a civil lawsuit against a former employer, how do you determine how much to ask for in mediation?

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In a civil lawsuit against a former employer, how do you determine how much to ask for in mediation?

My husband was let go from his job while out on long term disability. What we thought was going to be a simple foot surgery turned into back surgery in a 4 month time period. He was terminated 5 days after having back surgery. We just had a deposition with the other attorney now we are having a mediation. We are not trying to get rich but what is fair to ask for in this mediation?

Asked on April 22, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should have an attorney of your own, who can advise you on this and other topics--you are a disadvantage if the other side has legal counsel and you do not.

If you are unable or unwilling to have an attorney at this time, a reasonable amount for wrongful termination would be an amount equivalent to some number of months of wages. If it would reasonably take your husband, for example, 4 - 6 months of effort to get a new job (based on average statistics for his industry, profession, years of experience, etc.) that that would be an appropriate amount to seek. You would initially ask for a bit more, hoping to settle at your number; also have in mind the lowest number you'd be comfortable settling for, so you know what your bottom line is.


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