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Court allows case to continue despite vague claims

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in HR Management,Human Resources

Don’t expect to get a case tossed out just because the complaint is vague.

The fact is, courts are willing to let an employee continue a quest for a big jury award as long as the complaint puts the employer on notice about the essentials, if not the specifics, of the case.

Recent case: Terry Martin and several other black women sued their former employer, alleging that they had been denied training and other opportunities based on their race.

They said, for example, that jobs sometimes went to insiders and were never posted. However, they couldn’t provide specifics.

The employer asked the court to dismiss the lawsuit as vague. But the court refused, reasoning that during the litigation, the women would be able to seek HR and business records that might prove the case. (Martin, et al., v. ING, No. 09-01578, DC MN, 2010)

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