An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. A clever attorney can encourage a lawsuit, reasoning that during discovery, evidence of discrimination may crop up.
That’s one good reason for justifying all employment-related decisions. You should note, for example, why you granted paid time off to one employee, yet denied someone else’s similar request. In the following case, the difference was due to an incomplete application—and that small matter was enough to justify denial in one case and approval in another.
Recent case: Marion Campbell claimed that she was denied paid leave because of her race. But she had to admit under oath that she hadn’t completely filled out her employer’s forms.
It turned out the white employees who did receive paid leave had filled out their forms completely. The court also noted that when Campbell did complete the forms, the employer granted her leave. (Campbell v. Griffin, No. 07-20437, 5th Cir., 2008)
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