by Howard Miller and Jessica Satriano, Esqs.
Does this sound familiar? An employee you fired for cause is either unable or unwilling to accept responsibility forand files a lawsuit claiming unlawful discrimination.
The pending litigation forces the employer into a sticky dilemma—either:
- Pay a settlement to avoid the exorbitant costs of discovery, subsequent legal motions and a potential trial
- Decide to pay the exorbitant costs of discovery, subsequent legal motions and a trial in hopes of winning the case—several years down the road.
Employees’ simple arguments
This no-win scenario has become all too common. Until recently, the predicament facing employers has largely been a function of how easy it is for employees to patch together a complaint. Indeed, forcing an employer into time-consuming and expensive discrimination litigation has been merely a matter of asserting a false syllogism:
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