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When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

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in Employment Law,Firing,Human Resources

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality.

You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation. Then sit back and let him or her handle the litigation, even if it seems to drag on forever.

Recent case: Cheareen Jones was a flight attendant for Express Jet Airlines until she was terminated for missing a mandatory meeting. When she apparently couldn’t find an attorney to represent her, she filed a lawsuit herself.

She alleged, among other things, that she had really been set up for termination because of her race. To support her claim, she explained in her pleadings that somehow Express Jet “witchcrafted the cabin, causing a passenger to get upset” with the pilot and Jones.

The court eventually dismissed the case after unsuccessfully trying to make sense of her claims. (Jones v. Express Jet Airlines, No. 11-926, DC NJ, 2011)

Final note: The worst thing you can do when served with papers is to completely ignore them. If you do, the former employee may win a default judgment based on your failure to respond.

Have a clear policy for what to do when served with litigation papers. The policy should require immediately calling your in-house attorney if you have one, or your insurance carrier and outside counsel if you don’t.

{ 5 comments… read them below or add one }

Cheareen Jones April 10, 2016 at 8:47 am

I have been working in the business field since I was fourteen years of age. I gave my mother the application form to sign authorizing me to work as a minor. I have been working for over twenty five year and the end result is to receive a published bad name. I have been through numerous companies resulting in a bad recognition for all my siblings coming up after me seeking work in the same company. The truth is these business minded people are criminal minded people. They realized I had talent that should be brought to the entertainment industry so they stole my talented songs and promoted their relatives as celebrities. I was lied that I belonged in this field so I can waste my time running a useless course while these businesses stole billions in my song creations.


Cheareen Jones April 10, 2016 at 7:34 am

One more thing: my lawyer kept his word and I did get two years unemployment. Yes, I did start a pro Se case on my own but I never followed through with the case and I left the case hanging until it was closed.


Cheareen Jones April 10, 2016 at 6:39 am

Expressjet failed to mention that being the only flight attendant to a cabin of fifty passengers I have devotedly served every flight over thirty minutes. I have had five million passengers onboard my flights during my term of employment and have received numerous praises for my services. I have been praised, in writing, by passengers and flight crew. Expressjet failed to mention that I have thousands of flight hours ten thousand feet over the ground. The truth to my termination was for upsetting one white female passenger. I had a spotless record so expressjet began to concoct fictitious incidents to terminate me. Using the One, Two, Three: I got you now approach. The supervisors are flight attendants, managers are flight attendants none with college degrees. All flight attendants using seniority to call themselves supervising flight attendants. And these supervising flight attendants are who fired me. Don’t forget they are supervising white flight attendants terminating me for a white passenger. They put more and more minorities to perform the flight attendant roles and white flight attendants to perform administration roles on the ground. I knew my job was to provide safety and service. It looks like my job was to perform me “Service” than “Safety”. A minority flight attendant was expected to keep the face of servitude.


VOODOO DADDY January 22, 2012 at 2:31 pm

Stupid 0


Cheareen Jones April 10, 2016 at 6:56 am

I was reprinted by a Caucasian Union representative who said there is nothing Union can do. Expressjet is the only court case that I ever went to hire a lawyer for and the lawyer told me “I can help you get unemployment”. How hard could it be : one less than one month of 4.6 years of service expressjet did a: one, two, three your out approach. And everyone acted like the stupid reasons stuck to the paperwork. Main reason upsetting a female white passenger.


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