>There is a near 0% chance they can prove a lack of reasonable care here. Plus, they open themselves up to discovery on any memos, etc they've written about thi

>There is a near 0% chance they can prove a lack of reasonable care here. Plus, they open themselves up to discovery on any memos, etc they've written about this decision internally, which almost certainly show the statement is truth. But discovery cuts both ways. They could easily find a Zenefits email that says "lets blast them for this, who cares if it is true or not, it's about perception." I agree they probably won't win, but never rule out a smoking gun.