Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
He was eventually fired....BUT he also sued because a new company inquired about him and some dumb HR person told the potential new company WHY he was fired....so he also received a settlement.
There is nothing illegal about being honest. Unless they broker some kind of privacy law about the lawsuit they should be able to say why an employee was fired.
They probably settled because it was cheaper than going to court.
As a lawyer who represents both employers and employees and has done so for about 20 years, I can say that anyone who goes to court, gets their case tried, a judgment resolving their dispute entered, the judgment then either accepted by the losing party or affirmed by courts of appeal, and then collects any money from the loser, probably still did not "win." The entire system is created to resolve disputes. Contrary to what many people believe, the court system does not exist to declare who is right and who is wrong. It does not exist to determine winners and losers. It exists so that we can peacefully resolve serious disputes. The longer the dispute goes on, the less satisfactory its resolution is likely to be.
We read and hear about the big verdicts that an employee or class of employees win and think they hit the jackpot. Sometimes it happens. But every week in nearly every state now, someone also has a winning lottery ticket. The odds of getting paid a satisfactory judgment amount are about the same as winning the lottery.
All of that being said, sometimes -- even if it is rare -- going to trial is the only option and trying to protect a judgment through the appeal process is the only option, and trying to collect on the judgment is the only option. But those steps are "the only option" when the other side is being unreasonable about compromising and finding the way to resolve the dispute. Really good lawyers understand that their role is to help their clients resolve disputes. It is not about winning or losing the fight. It is about helping a client move on with their life or business.
In fact, fewer than 5% of all employment cases filed actually go through a completed trial. The verdicts are about 50-50 as far as whether they favor the employee or the employer. But that statistic is somewhat misleading. Although a jury or judge might find in favor of an employee, if the amount of money awarded is less than what was offered in a settlement, the employee "lost" by going to trial. As for employers, they often pay more in attorney fees and costs when they go to trial than they would have paid in a settlement even if they "win" at trial. This is a big reason why cases do not go to trial.
Going through a trial is not a good way to "win". It is not even a good way to resolve a dispute. It is just better than the alternatives when one side to a dispute is unreasonable. If you have a serious employment dispute, then a lawyer can and should help you resolve the dispute. If you are being reasonable and your employer is not, you may have to go through a trial and the appeal process to resolve the dispute. But the faster that you can resolve the dispute, the better off you will be. That rarely will be accomplished if you have gone to trial.
We often suggest to folks on here to "get a lawyer" and "sue your employer".
I was wondering if you, or anyone you know first hand, has actually gone to courtandactually received cash (not just "won").
I'm not talking about settlements or payments in a termination agreement. I'm more interested if anyone actually made it through the court system and won.
It would seem to me that this would be near impossible.
I had to sue for a worker's comp claim. I injured my back on the job 20 years ago and even though I never missed a day of work I needed occasional treatment. The company was always great about paying but all of a sudden stopped so I had to take them to court. They pushed it to the day before court and settled giving me a cash settlement and signing off on future treatment, plus paying my legal fees. Pretty stupid since they could have just paid for some meds and Chiro treatments.
A plaintiff and their attorney always need to keep an eye on the defendant's ability to pay and develop a plan to assure that litigation (even filing a case and negotiating settlement) will be productive.
The biggest issue in wage hour litigation is hours worked.
I recall one large employer who was sued by an employee for termination, a complicated ADA and race discrimination filing. A manager at the firm engaged a professional whose opinion was the cause for termination. During trial it surfaced that not only was the professional opinion inappropriate but that he was practicing without a license. That employee (and the attorney) won the case. Was the settlement substantial? It represented the employee's economic losses and the attorney received his fee but the process took about two years.
There is nothing illegal about being honest. Unless they broker some kind of privacy law about the lawsuit they should be able to say why an employee was fired.
They probably settled because it was cheaper than going to court.
Actually there is....it is against the law to disclose this information-a company can only state the following: dates of employment, title, and is this person eligible for rehire. If anything else is disclosed-you can sue...
Actually there is....it is against the law to disclose this information-a company can only state the following: dates of employment, title, and is this person eligible for rehire. If anything else is disclosed-you can sue...
It is not against the law. At all. Please post some kind of link showing it is.
As far as your last statement, anyone can sue for anything. Suing has no relation to being legal or illegal.
Actually there is....it is against the law to disclose this information-a company can only state the following: dates of employment, title, and is this person eligible for rehire. If anything else is disclosed-you can sue...
That's true but here is reality. If you are applying for a position with a competitor since many employees move from company to company in same sector there is a good chance your hiring manager knows someone from your previous employer and can find out the truth off the record.
Now some hiring managers will ask you can they contact your previous manager. If you say no you are done they ain't gonna hire you. If you say yes and you left on bad terms you better hope you previous manager doesn't trash you. Most managers don't even ask for permission they just contact your previous manager and find out the details.
"Because of laws regarding defamation (which is slander or libel) companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say can be subject to a lawsuit from the former employee.
Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary. State labor laws vary, so check your state labor department website for information on state labor laws that limit what employers can disclose about former employees." Department of Labor
"Because of laws regarding defamation (which is slander or libel) companies are usually careful about what information they provide to hiring managers confirming employment or checking references. What they say can be subject to a lawsuit from the former employee.
Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary. State labor laws vary, so check your state labor department website for information on state labor laws that limit what employers can disclose about former employees." Department of Labor
Again, it is not illegal to tell the truth. And yes companies don't say much for fear of a lawsuit. Two completely different things.
You shouldn't say something is illegal when it is not.
A person I am closely acquainted with was wrongfully terminated over using his personal/sick/vacation days to take care of his sick wife. They also denied him unemployment too.
He never had to go to court, just hired a lawyer and then eventually the employer settled and gave him money. I don't know how much though.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
