Common Employer Settlement Tactics and Counter-Strategies

Lowball Settlement Offers

Recognizing Inadequate Offers: - Settlement amounts far below documented damages - Quick deadline pressure without adequate evaluation time - Offers that ignore strong evidence of harassment and employer liability - Settlements that seem designed to silence rather than compensate fairly - Packages that heavily favor employer interests over victim compensation Counter-Strategies: - Comprehensive damages presentation: Detailed analysis of all economic and non-economic harm - Comparable case research: Examples of similar cases with higher settlement amounts - Evidence strength demonstration: Clear presentation of compelling harassment evidence - Future cost analysis: Projection of employer's litigation costs and risks - Alternative negotiation: Explore creative settlement structures addressing both parties' needs

Excessive Confidentiality Demands

Overly Broad NDA Terms: - Confidentiality covering all aspects of employment relationship - Prohibition on discussing harassment with anyone including family - Restrictions on cooperation with government investigations - Lifetime confidentiality obligations without time limitations - Financial penalties disproportionate to legitimate confidentiality interests Protection Strategies: - Narrow confidentiality scope: Limit confidential information to specific business matters - Personal disclosure exceptions: Preserve rights to discuss harassment with trusted individuals - Government reporting protection: Clear exceptions for EEOC, state agencies, and law enforcement - Time limitations: Reasonable duration for confidentiality obligations - Proportionate enforcement: Ensure penalties are reasonable and proportionate

Settlement Pressure and Deadline Tactics

Inappropriate Pressure Techniques: - Artificial deadline pressure for settlement acceptance - Threats to withdraw settlement offers if not accepted immediately - Intimidation tactics designed to pressure quick acceptance - Misrepresentation of legal rights or settlement alternatives - Economic pressure through delayed proceedings or discovery Response Strategies: - Adequate evaluation time: Insist on reasonable time to evaluate settlement terms - Professional representation: Attorney involvement to counter employer pressure tactics - Documentation of pressure: Record inappropriate settlement pressure for potential retaliation claims - Alternative leverage: Develop multiple negotiation options and BATNA (best alternative to negotiated agreement) - Principled negotiation: Focus on fair resolution rather than responding to pressure tactics