Courts regularly rule against plaintiff employees
Anchorage, Alaska (PRWEB) March 07, 2013
Dr. Lynne Curry, Ph.D., SPHR (CEO of The Growth Company, Inc.) has over 30 years of experience in the HR management field. Today, she (with the help of two attorneys) reacts quickly to a client that is planning to get fired in order to sue their boss.
Her client allegedly told her “I work for a jerk boss and in a job I hate. I'd quit, except I'd rather be fired, because then I can sue the S.O.B. He thinks he has all the power on his side. Not true, I've copied every file in this place and have disks at home with everything he's got on his personal computer and our company's server. I've taped every conversation we've had for the past month and several times he's lost his temper which won't make him look good. I have a complete package to give to the attorney I select. Do you have any recommendations?”
Dr. Curry reacts immediately by stating, “You've talked yourself into staying at a job you hate working for a boss you detest -- what does it cost you to be miserable every day? Will the money you make IF you win a lawsuit and after paying your attorney be worth it?”
According to attorney Eric Meyer, partner in the Labor and Employment Group of Dilworth Paxson LLP, "That is a really large if. Some employees work for jerk bosses. Just being a jerk is not illegal."
Dr. Curry explains further, “the evidence you're gathering might be inadmissible. Courts regularly rule against plaintiff employees (or ex-employees) who attempt to use information they've copied when they violate company confidentiality policies by copying proprietary documents.”
In Bonger vs. American Waterworks, (Civ. A. No. 90-C-1592.United States District Court, D. Colorado) Rosie Bonger photocopied and took offsite more than 3,000 pages of confidential company personnel files before being fired. When she sued after being fired, the Court awarded American Waterworks a summary judgment in its favor, ruling that employees should not benefit from wrongdoing such as the removal of company property. (Leagle.com, BONGER v. AMERICAN WATER WORKS).
Dr. Curry advises, “Stop taping and copying. If you want to sue a current or former employer, call an attorney and outline the facts. If you have a viable case, your attorney will help you prepare for your lawsuit in ways that don't damage your chances.”
According to attorney Charles Krugel, "The purpose of a lawsuit isn't to piss people off, or to make them look bad because they've pissed you off, or to exact revenge. It's to right illegal wrongs done to you.
"If you sue," adds Krugel, "you open yourself up to public scrutiny and to a retaliatory lawsuit brought by your employer in which you might pay for your employer's expenses in either defending or prosecuting a lawsuit against you."
Krugel urges you to let logic and a reputable plaintiff attorney guide you. After all, says Krugel, "any attorney who takes your case also opens him or herself up to monetary liability."
Finally, Dr. Curry asks the client to answer two questions—“Is what you're planning worth what it's doing to you? And, what happens if the problem is you -- and not your jerk of a boss?”
Dr. Lynne Curry is a management- employee trainer and owner of the consulting firm The Growth Company Inc. Send your questions to email@example.com. You can also follow Lynne on Twitter @lynnecurry10 and stay informed by visiting her WorkplaceCoachBlog.
© Lynne Curry, February 2013,http://www.thegrowthcompany.com