Employer lies on answer to lawsuit

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Latest post Sat, May 15 2010 2:03 PM by dontlie. 13 replies.
  • Sat, May 15 2010 11:57 AM

    • dontlie
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    Employer lies on answer to lawsuit

    What can one expect when an employer lies on their answer/denial of a lawsuit filed against them that can be proven? In this case, the employer was provided a long lawsuit, and their response was to blatantly deny in writing a large amount of complaints that can easily be proven with the stacks of documentation the plaintiff has available from their time with the employer. How might the courts respond to this when it's exposed? The employer didn't deny one or two of the suit paragraphs, but a multitude of them, all of which can be proven otherwise. Thank you.

  • Sat, May 15 2010 12:03 PM In reply to

    Re: Employer lies on answer to lawsuit

    It's perfectly legal and proper (and not a lie) to deny allegations (and that's all they are) that the defendant says aren't true.

    Then it's up to the plaintiff to prove, in court, that the allegations are true.

    That's how lawsuits work.

    Saying "I can prove it" isn't proving it.

    And "stacks of documentation" aren't necessarily proof either.

    But you'll learn that as the trial progresses.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, May 15 2010 12:12 PM In reply to

    • dontlie
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    Re: Employer lies on answer to lawsuit

    Having the original email messages and other electronic and dated documents from the time that show that they have obviously lied on numerous areas of the response seems surly to be detrimental to the accused employer. And the upcoming depositions will solidify that. I know that you are here to defend the employer viewpoint, but try to put that aside and provide a reponse that is unbiased. This documenation is indisputable, regardless of the way you may be trying to view it.

  • Sat, May 15 2010 12:29 PM In reply to

    • Cica
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    Re: Employer lies on answer to lawsuit

    dontlie:
    I know that you are here to defend the employer viewpoint, but try to put that aside and provide a reponse that is unbiased.

    The fact is that a prima facie case has to be established.  Your employer is not going to read your complaint and simply state, "Okay."  They will dispute your claim.  It is up to you (hopefully you have an attorney) to counter their argument by providing support to your claim.  Then they will dispute it again ... ad infinitum.

    Insofar as your above statement is concerned:  No one is here to defend either your employer or you.  You ask a question; you'll get an answer, and the answer can only be based upon what you have posted.  If you don't like it, skip it.  If you want what you consider to be an "unbiased" response, have your employer's attorney post his argument so that we know precisely what happened. 

    Even then we can only give suggestion, not legal advice.

  • Sat, May 15 2010 12:51 PM In reply to

    • dontlie
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    Re: Employer lies on answer to lawsuit

    To Cica, there is an attorney and he is the one who worked on the filed complaint. And another thing is that it's recently been found that this employer has had more than one lawsuit filed against them for similar accusations over the past couple of years. I can understand the employer wanting to deny the final charge, but denying the loads of supporting evidence leading up to it is going to bite them in some manner. My question still remains as to what might the accused be faced with once much of their denials are proven otherwise? I'm trying to get an idea of what the judge assigned to the case may do when the defendant has no other choice but to admit they made some false denials on their answer to the lawsuit.

  • Sat, May 15 2010 12:51 PM In reply to

    Re: Employer lies on answer to lawsuit

    dontlie:
    Having the original email messages and other electronic and dated documents from the time that show that they have obviously lied

    Obvious to you, maybe. But until you get into court and prove it, that's all it is.

    dontlie:
    seems surly to be detrimental to the accused employer.

    Could very well be. As soon as you prove it in court.

    dontlie:
    And the upcoming depositions will solidify that.

    They might or might not solidify that.

    dontlie:
    I know that you are here to defend the employer viewpoint,

    How do you know that? Are you telepathic?

    Or is that just a knee jerk reaction to not reading what you want to see? If you wanted to be told that everything will work out just the way you think it will, you came to the wrong place.

    dontlie:
    provide a reponse that is unbiased.

    It was unbiased. And it was based on my own experiences with large, complex lawsuits and court. And you apparently have no such experience, yet.

    dontlie:
    This documenation is indisputable,

    A common mistake.

    All documentation is disputable.

    If you don't buy what we are telling you here, I suggest you visit the courthouse and sit in on some trials between now and the time that yours comes up. It'll open your eyes to how things work.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, May 15 2010 12:54 PM In reply to

    Re: Employer lies on answer to lawsuit

    dontlie:
    My question still remains as to what might the accused be faced with once much of their denials are proven otherwise?

    Simple.

    If you prove your case, you win money. That's all there is to it.

    The defendant doesn't get drawn and quartered, tarred and feathered, or rode out of town on a rail.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, May 15 2010 12:59 PM In reply to

    • dontlie
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    Re: Employer lies on answer to lawsuit

    To Adjuster Jack, I'm not telepathic, but I've read alot of this forum and there's a continual bias towards employers and discouraging remarks to employees with questions. The law is much broader than is displayed here. At-Will employment does have certain meaning to employers as well as employees, but when rights have been infringed upon there's more than the black and white responses some post here.

  • Sat, May 15 2010 1:04 PM In reply to

    • dontlie
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    Re: Employer lies on answer to lawsuit

    But in the end, the employer may get the unwanted and well earned negative publicity that proves they are not quite the ultimate place to work as they try to advertise. Sometimes justice isn't being measured by the amount of money a plaintiff gets, but by the amount of face a fraudulent organisation loses because of their unlawful actions.

  • Sat, May 15 2010 1:05 PM In reply to

    Re: Employer lies on answer to lawsuit

    dontlie:

    To Adjuster Jack, I'm not telepathic, but I've read alot of this forum and there's a continual bias towards employers and discouraging remarks to employees with questions. The law is much broader than is displayed here. At-Will employment does have certain meaning to employers as well as employees, but when rights have been infringed upon there's more than the black and white responses some post here.

    There's really no point in discussing it any more. You are obviously going to believe what you want to believe.

    Come back when the trial is over and report the results.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, May 15 2010 1:28 PM In reply to

    • kath21
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    Re: Employer lies on answer to lawsuit

    The answer is that there wouldn't be a lawsuit if they admitted their wrong-doing; of course they won't admit it!

    Your job (and attorney's)  is to prove your case.  You seem confident you can, so what is the issue?  If you can, you win.  It's that simple.

  • Sat, May 15 2010 1:41 PM In reply to

    • Cica
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    Re: Employer lies on answer to lawsuit

    If your claim advances beyond alternative dispute resolution or mediations, to a courtroom (which hopefully it doesn't), the jury will come to a decision based upon the evidence best supportive to the claim.  And that evidence comes from two sides.  The judge will base his decision upon the jury's verdict, and on what the situation involved.

    As stated by Jack, it is very typical to deny allegations.  After all, they are viewing it from a defense strategy.  You state:  They pay me lower salary.  They state:  We pay him lower salary because he does not have a college degree.  You state:  I am black -- my co-worker is white, does not have a college degree, and earns more.  They state:  His co-worker has more background experience.  (This is just to give an example of the argument process.)

    I have been through a discrimination claim.  My attorney forwarded copy to me of my agency's rebuttal to my claim.  I had to go through I don't remember how many pages and provide my attorney with dispute to the agency's argument.  This took place several times before we finally met for mediations.  Defense counsel could only base their argument upon what a then-manager had to state.  I fortunately had evidence to disprove his statements and actions to support my discrimination claim.

    The fact is that this "evidence" didn't absolve me from procedure that needs to be taken to resolve a dispute. 

    dontlie:
    My question still remains as to what might the accused be faced with once much of their denials are proven otherwise?

    You haven't posted what happened, so we can't even begin to speculate.  It's either up to resolution agreement between counsel and you, or jury verdict.

     

  • Sat, May 15 2010 1:45 PM In reply to

    • Cica
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    Re: Employer lies on answer to lawsuit

    Negative publicity is two-sided.  It doesn't just appear without reason.  Just bear in mind that if you are labeled as "reason" that doesn't guarantee that you will be viewed by prospective employers in a positive light.

  • Sat, May 15 2010 2:03 PM In reply to

    • dontlie
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    Re: Employer lies on answer to lawsuit

    Thank you, Cica. Your replies have been helpful and informative.

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