Employers that don’t respond to a former employee’s lawsuit are making a big mistake—even if they truly believe the lawsuit has no merit.
That’s because judges quickly decide most cases based strictly on the complaint in front of them, immediately calculating how much the employee is due. By then it’s too late for the employer to respond.
Recent case: Rose worked for a fashion company for seven years as a shopkeeper’s assistant. She believed she was owed unpaid overtime, and her attorney filed a federal lawsuit alleging Fair Labor Standards Act violations. The company’s owners ignored the suit.
The judge entered a “win” for Rosa and calculated how much she was owed—and then doubled that amount as theallows. Plus, he tacked on attorneys’ fees, bringing the total to more than $67,000. (Guaman v. J&C Top Fashion, et al., No. 14-Civ-8143, SD NY, 2017)