Comments on: The Perils of Trying to Win at “All Costs” http://www.calemployeerightsblog.com/2008/06/29/the-perils-of-trying-to-win-at-all-costs/ Employment Law Firm Blog Tue, 06 Jan 2009 21:27:30 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Arkady Itkin http://www.calemployeerightsblog.com/2008/06/29/the-perils-of-trying-to-win-at-all-costs/comment-page-1/#comment-26541 Arkady Itkin Sun, 17 Aug 2008 19:48:07 +0000 http://www.calemployeerightsblog.com/?p=79#comment-26541 Indeed, both employers and employees should treat the disputes as business decisions instead of trying to uphold "justice" as the latter only causes unnecessary delays, and expenses to both parties. If an employer realizes that getting summary judgment is hopeless in light of plaintiff's evidence and witnesses, he should do what he can to protect his client's interests, as prolonging th process will not only expose the employer to greater liability but will significantly increase attorney's fees. And since the employer is likely to have to pay its own attorneys fees as well as the fees of the opposing party, it makes this factor all more significant. http://www.sanfranciscoemploymentlawfirm.com Indeed, both employers and employees should treat the disputes as business decisions instead of trying to uphold “justice” as the latter only causes unnecessary delays, and expenses to both parties. If an employer realizes that getting summary judgment is hopeless in light of plaintiff’s evidence and witnesses, he should do what he can to protect his client’s interests, as prolonging th process will not only expose the employer to greater liability but will significantly increase attorney’s fees. And since the employer is likely to have to pay its own attorneys fees as well as the fees of the opposing party, it makes this factor all more significant.

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]]> By: Andrew http://www.calemployeerightsblog.com/2008/06/29/the-perils-of-trying-to-win-at-all-costs/comment-page-1/#comment-25830 Andrew Wed, 02 Jul 2008 10:46:59 +0000 http://www.calemployeerightsblog.com/?p=79#comment-25830 James, From an ethical viewpoint, the simple fact that an employee is skillful and fortunate enough to secure new employment within a short period of being unfairly dismissed should not, in any way, affect his or her right to compensation in relation to the alleged wrongful termination. Where employees are wrongfully terminated, they should be fully entitled to legal remedies - end of story. In the example which you provide, Mr. Harman's victory indicates that his claims were legitimate. Neither he nor his legal council can be criticized for making full use of the legal system to pursue their legitimate claims. In cases where employees have legitimate claims, and employers choose to fight such claims in court, then employers can hardly complain about excessive legal costs. Cheers Andrew James,

From an ethical viewpoint, the simple fact that an employee is skillful and fortunate enough to secure new employment within a short period of being unfairly dismissed should not, in any way, affect his or her right to compensation in relation to the alleged wrongful termination.

Where employees are wrongfully terminated, they should be fully entitled to legal remedies - end of story.

In the example which you provide, Mr. Harman’s victory indicates that his claims were legitimate. Neither he nor his legal council can be criticized for making full use of the legal system to pursue their legitimate claims.

In cases where employees have legitimate claims, and employers choose to fight such claims in court, then employers can hardly complain about excessive legal costs.

Cheers

Andrew

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