When employee files lawsuit after lawsuit, it’s time to ask court to stop new ones

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in Employment Law,Human Resources

Some employees make a hobby out of suing employers. They incessantly complain, file internal and EEOC complaints and then—when no attorney will champion a losing cause—decide to represent themselves in court.

Employers typically just grit their teeth and push for quick dismissal.

Enough is enough! The next time you face a serial litigant, ask your attorney to try to persuade the court to ban further filings. More and more courts are willing to agree.

Recent case: Fred Knox works for the U.S. Postal Service and has filed several lawsuits against it, alleging racial and other discrimination. All were dismissed for lacking merit.

After the most recent lawsuit, a federal judge laid down the law: No more lawsuits from Knox without advance approval from the court system. He protested that this denied him his right to free speech.

Another court was unswayed. It said the order was valid and reasonable considering the numerous frivolous actions Knox had filed over the years. It also warned him that the next step could be a contempt-of-court finding and other sanctions. (Knox v. Donahoe, No. C-11-2596, ND CA, 2012)

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