3 ms·

> I've seen a bit more than half of fired employees come back with some form of discrimination lawsuit threat That's crazy. I have literally never heard of any

by Aachen 5y ago

> I've seen a bit more than half of fired employees come back with some form of discrimination lawsuit threat That's crazy. I have literally never heard of anyone actually doing that irl, only ever in the media (and then mostly English-speaking media at that). Half of them? Do they ever win those? Don't they need to pay for the company's lawyer costs if you can convincingly argue this claim is entirely baseless opportunism? Is there ever even a slight basis for this, any colleagues that treat them just a little bit less nicely or anything? Edit: upon re-reading to add the citation I noticed the word "threat". Additional question: anyone ever follow through on that, or were the threats ever credible?

mchusma 5y ago
The challenge is that in some states, employer suits attorney fees are paid by the employer. So employees can hire an attorney on spec to threaten the company, and say "pay us less than the cost for you to defend this suit and win, and we will go away". So you put the company in a situation where: - if they win they are out maybe -$100k - if they lose, they are out maybe -$250k (Assuming the dispute is about $50k). And in many areas companies must hire attorneys to represent them. They can't represent themselves. I'm all for resolving actual issues, and I think the solution here is: - make it so parties do not need to hire attorneys - use things like fairclaims.com to arbitrate (must faster and cheaper)
- hotpotamus 5y ago
  Or just give everyone you fire $10-50K in non-disparagement/severance/hush money to go away. That's what I've seen that worked fairly well.
- Aachen 5y ago
  > things like <brand> to arbitrate Having commercial companies sit in a judge's seat is so dystopian I haven't even read the idea in any fiction yet. This is the second time I come across it, previous time was when someone pointed out that the Epic Store has such a clause in the TOS.

by Aachen 5y ago

mchusma 5y ago

The challenge is that in some states, employer suits attorney fees are paid by the employer. So employees can hire an attorney on spec to threaten the company, and say "pay us less than the cost for you to defend this suit and win, and we will go away". So you put the company in a situation where: - if they win they are out maybe -$100k - if they lose, they are out maybe -$250k (Assuming the dispute is about $50k). And in many areas companies must hire attorneys to represent them. They can't represent themselves. I'm all for resolving actual issues, and I think the solution here is: - make it so parties do not need to hire attorneys - use things like fairclaims.com to arbitrate (must faster and cheaper)

hotpotamus 5y ago
Or just give everyone you fire $10-50K in non-disparagement/severance/hush money to go away. That's what I've seen that worked fairly well.
Aachen 5y ago
> things like <brand> to arbitrate Having commercial companies sit in a judge's seat is so dystopian I haven't even read the idea in any fiction yet. This is the second time I come across it, previous time was when someone pointed out that the Epic Store has such a clause in the TOS.