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November 21, 2014

Top Fourteen Ways to Make a Plaintiff’s Lawyer Happy

Filed under: General HR Buzz1:30 pm

An employment lawyer who typically represents employees against employers recently published this list (on HR Daily Advisor) of the top fourteen things employers do that make it easier for a plaintiff’s lawyer to sue them and win. Here is the list:

1)     the employer gives no reason for termination or relies on at-will employment;
2)     the employee is fired for performance but recently got a good evaluation;
3)     the timing of the termination is bad, (e.g. an internal protected complaint is followed closely in time by termination);
4)     the employer ignored prior notice of a legal issue;
5)     the company had prior complaints about the same issue or person;
6)     the employer did an internal investigation that was superficial;
7)     the employer believed the employee was just trying to get in the retaliation protection bubble, (e.g. “She’s only bringing up her complaint because she just got written up.”);
8)     the employer submits an Equal Employment Opportunity Commission (EEOC) charge response that is not well written;
9)     the employer does not follow its own policies;
10)  the company issues a gag order once a charge is filed;
11)  the company ignores a pre-lawsuit letter from a lawyer, thus missing a chance to make a lawsuit go away;
12)  company witnesses seem ill-prepared, too clever, or even clueless while testifying about what happened;
13)  the employer humiliates or dehumanizes the plaintiff; and
14)  the employer documents are missing or inadequately prepared.

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