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Court losing patience with baseless lawsuits

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in Employment Law,Human Resources

Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Recent case: Billie Jo got a restraining order against a co-worker. She then quit her job when her supervisor allegedly made her work with the man she had the order against.

She sued. Billie Jo said she suspected her employer had an informal policy of punishing women who took out restraining orders but didn’t similarly retaliate against men who sought protection from female co-workers.

Before greenlighting the case to move into extensive (and expensive) discovery proceedings, the court demanded an example. It promptly dismissed the case when Billie Jo couldn’t come up with one. (Johns v. ASMC, No. 2:16-CV-36, WD PA, 2016)

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