Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals, which covers North Carolina employers, has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.
Recent case: Lorena Moody and Clarence Weefur were both fired after they lost track of a developmentally disabled senior citizen for whom they were responsible. They found an attorney willing to sue, alleging age discrimination. They had nothing to back up their claims, leading the trial court to toss out the case—and fine the attorneys $5,000.
They appealed, but the 4th Circuit Court of Appeals refused to reinstate the lawsuit. It upheld the fine to discourage other frivolous litigation. (Moody, et al., v. The Arc, No. 11-1720, 4th Cir., 2012)
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- Hang tough when there's absolutely no discrimination
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- Fire away if severance demands are unreasonable