How-To: Settle Your Discrimination Case
| Background: | You have initiated a lawsuit |
| Problem: | You are not sure how to draft a settlement offer |
| Solution: | You follow this guide for drafting your settlement offer |
I. Definitions
II. Legal Citations
(a) Seek to encourage settlement between parties;"
(10) pursue the possibilities of settlement;"
(2) A proposal shall:
(B) state that the proposal resolves all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served, subject to subdivision (F);
(C) state with particularity any relevant conditions;
(D) state the total amount of the proposal and state with particularity all nonmonetary terms of the proposal;
(E) state with particularity the amount proposed to settle a claim for punitive damages, if any;
(F) state whether the proposal includes attorneys’ fees and whether attorneys’ fee are part of the legal claim; and
(G) include a certificate of service in the form required by Florida Rule of Judicial Administration 2.516.
(b) In the alternative, the Commission may facilitate a settlement between the person claiming to be aggrieved and the respondent by permitting withdrawal of the charge pursuant to § 1601.10.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 001 |  | Duval Case | 2011 | General Release; Executive |  |
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | FCHR Case | 1992 | General Release | Software Company | Embedded in RO | |
| 202 | | FCHR Case | 2000 | Housing | $5,000 | |
| 203 | | FCHR Case | 2001 | Professional Licensing | Complete Accredited Course | |
| 204 | | FCHR Case | 2000 | Employment | $8,900 | Heirs Bound | |
| 205 | | FCHR Case | 2001 | Employment | $15,500 | Great Model | |
| 206 | | FCHR Case | 2001 | Employment | 3-Months Salary | Overpayment; Unemployment Comp | |
| 207 | | FCHR Case | 2001 | Employment | $4,000 | Reference Letter | |
| 208 | | FCHR Case | 2001 | Employment | Got Sick; Amended termination basis | |
| 209 | | FCHR Case | 2002 | Employment | $25,000 | Bankruptcy; No admission of guilt; nice model | |
| 210 | | FCHR Case | 2002 | Employment | $12,500 | Mediation paid; Unemployment Comp; Gag Order | |
| 211 | | FCHR Case | 2002 | Employment | $50 | Resign voluntarily; nice model | |
| 212 | | FCHR Case | 2002 | Employment | $5,000 | |
| 213 | | FCHR Case | 2002 | Employment | $500 | Resign voluntarily | |
| 214 | | FCHR Case | 2002 | Employment | Effectuates Resignation; No admission of guilt | |
| 215 | | Licensure case; Revoked | |
| 216 | | FCHR Case | 2003 | Employment | Nice model | |
| 217 | | FCHR Case | 2003 | Employment | $500 | Nice | |
| 218 | | FCHR Case | 2004 | Employment | $6,000 | Apology letter | |
| 219 | | FCHR Case | 2004 | Employment | $8,500 | No admission of guilt; no reinstatement; nice model | |
| 220 | | FCHR Case | 2004 | Employment | 12-weeks pay | Resign voluntarily | |
| 221 | | FCHR Case | 2004 | Employment | Rescind demotion | |
| 222 | | FCHR Case | 2005 | Housing | Physically incapacitated; parking spot | |
| 223 | | FCHR Case | 2005 | Employment | $11,000 | Bunch of legalese; very long | |
| 224 | | FCHR Case | 2005 | Employment | $15,000 | Plaintiff/Petitioner = FCHR | |
| 225 | | FCHR Case | 2005 | Employment | $3,216 | "Taxation of Costs" | |
| 226 | | FCHR Cas6 | 2005 | Employment | $3,500 | |
| 227 | | FCHR Case | 2007 | Employment | Notarized; great model; | |
| 228 | | FCHR Case | 2007 | Employment | Great model | |
| 229 | | FCHR Case | 2008 | Employment | $5,000 | |
| 230 | | FCHR Case | 2008 | Employment | Personnel file | |
| 231 | | FCHR Case | 2008 | Employment | $100 | Letter of Recommendation | |
| 232 | | FCHR Case | 2010 | Employment | $10,400 | |
| 233 | | FCHR Case | 2013 | Severance Agreement | $5,001 | |
| 234 | | FCHR Case | 2014 | Empoyment | $2,000 | No admission of guilt | |
| 235 | | FCHR Case | 2017 | Empoyment | $100 | Resign voluntarily | |
| 236 | | FCHR Case | 2019 | Empoyment | $50,000 | Worker's Comp; Life Expectancy; Child Support Arrearage | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 001 |  | Offer | Replace the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |  |
| 101 | | Agreement A | Replace the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). | |
| 102 | | Agreement B | Replace the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). | |
V. Quick Commentary
- You shouldn't file this document.
- Rule 1.442(d) Fla. R. Civ. P.
- "(d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule."
- Rule 1.442(d) Fla. R. Civ. P.
- Note: some juries frown upon the clauses that exclude "heirs, etc."
"Moore’s insurer, GEICO, tried to settle, but claimants found GEICO’s efforts inadequate, primarily because (1) GEICO provided a form document that released, not only its insureds, but also “all officers, directors, agents or employees of the foregoing [named insureds], their heirs, executors, administrators, agents,2or assigns” (Jt. ex. 22 at 2), and (2) GEICO provided vague and incomprehensible affidavits from its insureds, the Moores, regarding the possible availability of additional insurance.3 Rejecting GEICO’s efforts to settle their bodily injury claims, claimants sued Moore in Florida state court, where a jury returned a verdict of approximately $45 million in claimants’ favor."
- Feel free to use the template (see Part III - above) to help draft your 'Settlement Agreement'
- Please download as many sample documents as you'd like
- Save the final version as a PDF file.
- Serve the state agency with the directions
VI. Bibliography
VII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
