Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. Because the employees are representing themselves, judges give them every benefit of the doubt. Even a meritless case can drag on, costing you time and money.
But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.
Recent case: Monica sued her former employer after filing an EEOC complaint in which she alleged sex discrimination in the form of unequal pay. After the EEOC dismissed her complaint and she filed her federal lawsuit, she added sexual harassment to her list of legal wrongs.
But the court said she couldn’t do that since the EEOC complaint never mentioned harassment. It threw out that claim. (Campos v. IBTX RiskServices, No. 12-CV-00799, WD TX, 2013)
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- When employee claims co-worker harassment, investigate promptly, act reasonably
- Enforce dress and grooming code tactfully to avoid trouble
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