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The countersuit: How to fire back at frivolous lawsuits

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in Employment Law,HR Management,Human Resources,Small Business Tax,Small Business Tax Deduction Strategies

When a disgruntled employee files a meritless lawsuit against your company, don't just defend yourself. Call his bluff by filing a cross-complaint against the worker and his attorney, suggests Arthur Silbergeld, a partner in the Los Angeles office of Proskauer Rose.

"I just find more and more intolerable the number of frivolous lawsuits that are filed," said Silbergeld. Since 1999, he's won attorney fees in three judgments for his clients, with the largest award of $153,000 ordered by an arbitrator. Silbergeld says other workers have paid his clients to settle the lawsuits originally filed by the workers themselves.

High court defines 'frivolous'

An employee who wins a Title VII case against a company is usually awarded attorney fees too. After all, the company has violated a federal law. American common law also allows courts to order those who act in bad faith to pay the attorney fees of their opponents.

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{ 1 comment… read it below or add one }

John Hudak March 27, 2013 at 8:30 pm

Do you provide advice for “employees” who have been terminated without cause and have their employers file a Frivolous Civil Case against the employee?


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