Step 4: Lose a trivial discrimination / disability / wrongful termination suit because you didn't keep the right paperwork.
Step 4: Lose a trivial discrimination / disability / wrongful termination suit because you didn't keep the right paperwork.
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".
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.
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.
BTW, suing for wrong doing is NOT parasitic. Its often the only recourse avaliable with bad employers
One of the folks who worked for me several years back had complaints filed against her by an employee whom she had woken up from a dead sleep during the day a few times. (The employee was working from 6-2AM as a night clerk at a hotel) The employee claimed that although the supervisor had 5 employees, she only checked his sleep/wake status, and did so because he was a member of a protected class. (Yes, really)
This nonsense required administrative hearings with the human rights commission/eeoc and untold gobs of paperwork. The HR people saved the day, and were able to use the good processes that they had in place to keep an awful situation from getting worse.