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Oracle Tips by Burleson |
Do Not
Settle Frivolous Lawsuits Out of Court
Many companies settle wrongful terminationlawsuits out of court even when they know the claims are false. This
policy is usually followed to avoid the hardships of litigation,
potentially large financial damages that may be awarded and negative
publicity.
Employers that adhere to this policy communicate
to employees that they are open to unjustified lawsuits, and will not
always stand up for principles and what is right. This in turn will
encourage other employees to sue the company in the future solely for
financial gain.
There is a high potential for abuse by fraudulent
IT employees to file for wrongful terminationwithout reasonable cause. EEOC
statistics for the year 1998 indicate that 70 percent of racial
discrimination
charges and 61 percent of age
discrimination
charges had no reasonable cause. Some employees have a history of
filing unsubstantiated lawsuits against their employers and will go so
far as to forge incriminating documents as evidence to serve their
purpose.
It is prevalent in today’s society for such
unscrupulous activities. So much so, that the Federal government is
now intent on reducing the number of frivolous lawsuits through
several statutes including the Class Action Fairness Act that would
prevent attorneys from attempting to have their lawsuits heard by a
specific judge or jury that would benefit their position and maximize
the awards received by their clients.
Employers should, therefore, go through all the
legal steps required when they know they are being unduly accused and
the lawsuit is without merit. A little pain now will reduce the number
of future frivolous lawsuits filed against the employer when IT
employees are aware that the employer will defend themselves to the
full extent of the law.
The Nowhere Case
The Wave Magazine reported a case where Jonathan
Russell went to work and began firing a weapon at the other employees.
After wreaking carnage in the workplace, he proceeded to a local
police station and started a firefight with the police. Russell then
committed suicide with his firearm.
The mother of the deceased sued for workers’
benefits with the claim that the murders and suicide committed by her
son were work-related events. She described his demise as “Death by
gunfire while on company clock (time).” This lawsuit obviously went
nowhere, but it wasted employer and tax-payer money to have it thrown
out.
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