Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.
And as word gets around, perhaps fewer employees will rush to the courthouse.
Recent case: Larry Vrzalik, who was over age 40, sued his employer for age discrimination when he was disciplined for not auditing the postal vending machines he was responsible for.
Since many others, including older employees, were disciplined at the same time, the lower court dismissed his case and ordered him to pay the litigation costs. He appealed. The 5th Circuit Court of Appeals upheld the case dismissal and the lower court’s order for him to pay costs. (Vrzalik v. Potter, No. 08-10734, 5th Cir., 2009)
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