It's Nice To See Them Admit It

John E. Lattin, IV, a partner in the employment defense firm Fisher & Phillips, was quoted in the Daily Journal recently, saying this:

"The employers who have prepared and implemented lawful employment practices and policies, as well as a plan in case of class litigation, need not fear. After all, who would sue an employer that is not violating the law?"

He's absolutely right. So often, I read about and hear defense lawyers explaining how their client "admits no wrongdoing," but will be paying $1 million, $2 million, even $20 million "to avoid the uncertainties of litigation." It's a lie. The case had merit, and lots of it.

No lawyer wants to sues an employer, especially in class action litigation, unless they are confident that they can prove the employer violated the law. Sure, there might be a few nuts filing meritless lawsuits here and there for nuisance value settlements, but nobody pays $20 million dollars to pay off a shakedown artist (Except maybe Michael Jackson. Allegedly), and the shakedown artists eventually get what is coming to them. Just ask Harpreet Brar and the Trevor Law Group.

A good wage and hour class action plaintiff will find a willing attorney quickly. But we file about one class action for every ten cases that we initially think might contain a viable class claim. We've turned down class action prospects from restaurant chains and franchises, retailers, manufacturers, contractors, a beverage seller with over 1,000 stores, and a few dozen small to medium-sized businesses. We've turned down some cases because the claims were speculative. Others were good claims that applied only to a small number of workers. Still others involved claims that turned out to lack supporting facts or evidence.

We are not interested in class action litigation that lacks merit. No successful plaintiff's attorney is. Anyone who says otherwise is either dishonest or uninformed.