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hello YouTube I'm Vince White I am an employment attorney on this channel on this channel we answer publicly posted questions trying to get folks the answers they need from an employment attorney we have a question here for YouTube user Jennings swb but what it comes down to what it comes down to is the pro se rebuttal EEOC rebuttal 101. I'll read the question then we're going to answer it Jennings asked us five months ago sorry Jennings this is a big video now for some reason I just didn't make it for a long time I agreed to take my EOC claim to early mediation my former employer however refused mediation I just recently received their response which in the EEOC is called the employer's position statement to my claim and it is littered with incorrect information so much so they even got the initial date of my employment incorrect by two years my rebuttal statement is due in a couple of weeks do I correct every error in their statement or just focus on a handful of key issues okay here's what you do first and foremost go through that position statement line by line each inaccurate item add to a list number them and then look at your list and look at each inaccurate statement on this new list I think are really hard about which one of those inaccurate statements as many as you need of them do you need to address to prove the elements of your claim right if you are you're bringing a disabilities crimination claim right you need to prove that you suffered a negative workplace consequence and that was somehow motivated by your disability right that's what you need to prove those are the elements of that claim under federal law which is what the EEOC adjudicates so go through your list of every single inaccuracy and say how do I how do I show in addition to what I wrote in my complaint how do I show that they are full of it in this position statement and I am meeting the elements of what I need to prove to show disability discrimination great that's your disability discrimination list that's what you need to prove set that aside now you may have additional claims often you may have multiple claims you might have a retaliation claim there's a lot of other claims that you might have right go through the same process for every one of your claims and make a list of what in their position statement you need to correct what inaccuracy is in their position statement you need to correct your rebuttal to prove the elements of your claims each claim having a list right go through all of them you're gonna make one more one more list after you go through all your claims you're going to look at your original big list and you're going to go through and as you're going through that list you're going to mark it uh mistake but important for things that seem like legitimate mistakes like your employer legitimately made a mistake but it's important or lies right sometimes employers lie in their position statement lies are opportunities we have a lot of videos in this Channel about this foreign make yourself another list and include all the mistake but important and all the lies and that list is going to be how you attack The credibility in general right and then your bottle is going to be you specifically going through me like hey they made a mistake about this this is not correct and here's why my disability discrimination claim is legit and I meet all of the elements of that claim so I should be victorious here and you go through for all of your claims and then add a little bit of juice to the mix because you got this whole list the last list you created a mistake but important and lie really important mistakes and lies really great ways to attack The credibility of your employer so you're going to make some decisions about how to do that now this is heavily simplified this is if your pro se your rep that's what per se means you're representing yourself right this is going to be an effective method that I would recommend to go through this but you should be represented this is not going to be a top tier rebuttal this is not going to be the most amazing rebuttal in the world you are not going to be the Sun the moon the stars of employment litigation you are going to be someone who is pro se and doing an organized job at pushing your case forward and that's pretty good that's better than most but it could be better I recommend you be represented but if you're not represented this is how you do it um this is also a really good method if you want to give organized notes to your attorney like you're represented you're not actually drafting the rebuttal but obviously you live through this stuff in your employer your employment attorney didn't so like you're gonna know more right you're gonna know more because you live through it it's your life we're talking about it's not a Bon Jovi song but it's your life we're talking about your life events you live so your knowledge of them is going to be far and excess of your employment attorney's knowledge if you create these lists a smart employees can say oh my gosh thank you so much this is amazing it's wonderful this is very helpful like thank you they're gonna draft for a button and say hey can you look at the rebuttal make sure I got everything right I'm going to submit it for you if you assuming they did right it's a little bit of conversation make some additions might make some changes it's always the way that's ideally what's going to happen with your attorney I wouldn't include every single inaccuracy because you're dealing with the government in play slamming government employees but odds are there's a long document they ain't gonna read it I run into that all the time all the time like I'll talk about a series of events that are pretty salacious and wild that if you read a document you'd be like that was wild I can't believe they've flew a racist flag to the Moon right like that's something that would stick in your mind if you read it right and investigator would be like what now what are you talking about yeah investigator they chartered a rocket from SpaceX and they they flew some racist imagery to the Moon they had to hide it from the company because SpaceX probably wouldn't have done it yeah so they just had this giant box that they delivered to the Moon they paid a lot of money for it and then when it got there it slowly opened up and it was wildly racist and the investor would be like oh I didn't see that in the papers must have glossed over that really really you glossed over the seven paragraphs about racism in space like no you didn't no you didn't you didn't read it you didn't read it and that's the risk the risk here is if it gets too long they're not going to read it but if instead you treat your rebuttal as an attempt to do the government employees work for them then you're you're setting yourself up for Success right if they can go through a very clear organized list of how your employer done up not to be so colloquial but like they didn't look at it like well that's not true that's not true that's not true and this employer looks like they did some of these mistakes on purpose well you've done done yourself a good turn there my friend you made a move you might have recruited someone to your side that investigator might be thinking this player is up to no good and I love that for you I want you to be successful I want you to win your claims all right I think that's probably the most I can do for rebuttal 101. if I get more complex than that I think I'm actually going to be confusing people so do ask in the comments down below I will check the comments I will try to provide follow-up answers um remember not everybody works got my own catchphrase wrong almost everybody works not everybody wins be smart out there take care