Re: He told me several times that he didn’t like my kind.
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Originally Posted by Not Bob
Absolutely not saying that. I can think of one example off the top of my head where there was discrimation on race and over-40 status. That guy went to the state and later reached a settlement with the firm’s EPL carrier. More common is the situation where there’s an open question about discrimination and whether it’s enough to get past a motion to dismiss (I’ve also handled cases for employees who were victims of discrimination, and won a six figure award for one).
Nope. I don’t think anyone is intentionally gaming the system. I think there are objective standards for harassment and discrimination - we all learned about the reasonable person test in first year torts. What I am saying is that discrimination claims - valid and frivolous- often come up for the first time when an employee is let go.
And I think the test many lawyers use in looking at the validity of these claims is not whether discrimination or some sort took place, but whether the claim will satisfy what appears to becoming a higher standard under federal law. Heck, in the case I won, the employee was (among other things) “encouraged” to attend swinging parties with her boss. And that wasnt viewed as a valid claim, but his cutting her bonus for an arguable drop in production was. Go figure.
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When I became a shareholder, I was (forced to be) the Director of HR for my last firm (under 30 lawyers). Holy shit what a nightmare. Until you've done it you don't realize all of the insane shit that people complain about.
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No no no, that's not gonna help. That's not gonna help and I'll tell you why: It doesn't unbang your Mom.
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