Courts are cracking down on serial lawsuits, and the result is good news for employers.
A former employee who sues and then loses his case can’t keep coming up with new claims to base new lawsuits on. If the new claims are based on the same set of facts—even if they involve an entirely different legal angle—courts are ruling the claims should have been brought together. They’re saying employees get just one bite at the apple.
Recent case: Chandrashekhar Thanedar, who is of Indian descent, worked as finance director for Time Warner Cable Houston. He applied for a promotion, but Time Warner hired someone from outside the company instead.
Then Thanedar received a poor evaluation: Time Warner said his performance deteriorated due to poor with his subordinates. Eventually, he was fired.
Thanedar sued, alleging discrimination based on his Indian ancestry.
A federal court dismissed his lawsuit, and Thanedar fired back with additional claims involving alleged whistle-blowing and Texas Payday Law violation. The court tossed out the case, reasoning that the lawsuit was based on the same set of facts as the earlier discrimination claim.
On appeal, the 5th Circuit agreed. (Thanedar v. Time Warner Cable Houston, No. 08-20734, 5th Cir., 2009)
Final note: Some claims may still be brought separately. For example, filing for workers’ compensation or unemployment benefits won’t preclude a discrimination lawsuit, even though the claims may be based on the same event.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10685/courts-say-enough-employees-must-file-all-related-claims-at-same-time "
- Prepare now for Paid Family Leave Act, taking effect in 2009
- Remove bias suspicion: Make firing a group decision
- Small-group layoff? No need to keep employee just because she's the oldest
- Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules
- Leave disciplinary wiggle room in handbook