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Companies should lose discrimination / disability / wrongful termination lawsuits. HR's purpose is to get businesses off the hook for these crimes. Maybe you're thinking about it as an actual or theoretical startup owner, where you don't want to get in trouble. I can understand that. But people are more important than businesses and any business that abuses people deserves to be shut down.



> Companies should lose

I don't know how you feel about silly software patents being used to extort money from companies, because trolls know it will be cheaper to settle than to fight.

The same thing can and does happen with labor law.

Obviously some claims have merit and deserve to be heard by a court and get some reasonable relief.

At the same time, just as there are "patent trolls", there are "employment law trolls".


I would suggest that the vast majority of employment law disputes are legitimate cases of a human being abused by a business.

In contrast, most software patent disputes are simply businesses extorting other businesses because they can, rather than because they were harmed and deserve to recover damages.

The two are not really the same. Generally speaking, when a company damages a human, it should pay what it owes rather than trying to weasel out of the situation.


I don't have stats on % of frivolous lawsuits for patents vs. employment matters. I'll be generous and stipulate there are fewer bogus employment claims. But it's not 0%.

In the U.S. legal system, you can sue anyone for anything, and it will cost them _something_ to make you go away. It's not hard to come up with _some_ claim that's not obviously absurd enough to get dismissed quickly. There are individuals who realize this --- as well as attorneys who have an economic interest in helping more people realize this.

So again, I grant that many claims have merit. But I don't think you can stipulate that every employee claim is automatically valid, i.e. that every company is automatically guilty of every claim against it. Sometimes companies suck. And sometimes so do employees. It's life.




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