You may think it's obvious, but it has taken a federal appeals court to make clear that employees have no federal right to competent employment-law counsel, as offered in criminal cases. Employees who pick incompetent attorneys don't get a second chance to sue. That's good news for employers, who won't have to face the same lawsuit again if an employee's less-than-stellar lawyer bumbles the case.
Recent case: After Boeing employee Michael Nelson was laid off, he filed a lawsuit alleging race, national origin and sex discrimination. Upon the court's urging, Nelson hired an attorney. But the attorney did very little, and the court dismissed the case. Nelson appealed, alleging he was entitled to competent assistance of counsel in an employment case and should get another chance to sue Boeing. The court disagreed, saying Nelson could sue his attorney for malpractice, but he isn't entitled to another trial. (Nelson v. Boeing, No. 05-3156, 10th Cir. 2006)
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/1960/no-right-to-effective-counsel-in-employment-lawsuits "
- Disabled or not? Diagnosis and symptoms are just part of the analysis
- Ensure fair distribution of work opportunities
- Connecticut becomes third state to recognize same-sex marriages
- Feel free to set different pay rates, but prepare to document business reasons why
- Credibility plays part in handling harassment