Monday, April 21, 2008

Discrimination and Harassment Claims

Not all employment discrimination or harassment claims have their merits. These cases must be well supported by sufficient and credible evidences to flourish and subsequently succeed in court.
The plaintiffs must see to it that their allegations are valid and that they were able to document the violations of their employers to have better chances of winning their lawsuits. It will also be helpful if they managed to find some witnesses to testify on their behalf. Otherwise, their cases may just put them in a much problematic situation.
In a recent decision on a racial discrimination and retaliation appeal filed by an employee, the California Court of Appeal 4th Appellate District Div. Two has affirmed the court’s decision. The verdict ordered the plaintiff to pay for the fees of his employer’s attorney amounting to more that $40,000. Such verdict of the appellate court was due to the plaintiff’s filing of a frivolous case.
The plaintiff is employed in the City of Colton’s wastewater division. He filed a complaint after allegedly been demoted following a workforce reduction. He is contested that his demotion is due to his race.
After all the matters related to the case have been discussed and argued in the trial, the court found out and agreed that the job demotion of the plaintiff is on a legal basis. This includes his prior accusations.
In the decision, the appellate court quoted that budget deficit has been the primary cause of the reduction of the workforce and not any form of discriminatory practices.
Now, this particular case may implicate the intricacy of the law in relation to employment discrimination and harassment claims. Due to the plaintiff’s insufficient legal background and understanding of the consequences of filing a frivolous case, he is now to face a more serious problem of paying amounts.
The lesson; appointing a credible and highly experienced employment lawyer is necessary in any labor case. A legal advocate, expert in handling this particular type of case will prevent you from further pursuing a case without being properly documented and planned.