• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

The danger of fumbling lawsuit paperwork: a case study

by on
in Employment Law,Firing,Human Resources

When facing a lawsuit, nothing kills your defense faster than ignoring the paperwork that automatically comes with the territory. While many employment lawsuits may be frivolous, make sure you retain counsel and respond to every piece of paper served on you. Create a flow sheet and track court deadlines.

Otherwise, a frivolous suit could explode into a major award ... and egg on your face.

Recent case: Waitress Kristie Hornsby sued the Three Dollar Cafe and three managers, claiming they racially discriminated against her by refusing to promote her to bartender and then firing her.

After litigation began, the attorney who represented the cafe and managers withdrew from the case. Two of the managers hired new attorneys, but the cafe and one manager didn’t.

Hornsby then asked for a default judgment. The court granted her request, which essentially said the Three Dollar Cafe was liable because it didn’t put up a defense. The court will now hold a hearing to set the damages, but the cafe won’t have any opportunity to show it didn’t discriminate. (Hornsby v. Three Dollar Cafe, et al., No. 1:03-CV-1668, ND GA, 2006)

Final tip: A default judgment is almost a blank check. That’s why you should always take every legal paper to an attorney right away. 

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/2667/the-danger-of-fumbling-lawsuit-paperwork-a-case-study "

Leave a Comment