More lawsuits coming soon!

I was having a sleepless night (why is a different story), turned on the TV and saw an advertisement by some local attorneys looking for people who had worked for the insurance industry and another industry I don't remember. I believe they were looking for telephone marketing people and the gist of their pitch had to do with working lots of hours and not getting paid.

"You earned, why not get paid?" was the closing statement.

Statements recently made that the majority of cases in the courts today are employment related. Now the attorneys (and I know it is not all of them) are not only soliciting for accident cases, and breast augmentation cases on TV, but employment law cases. Where will this end? I guess they will pull a Van into the parking lot and start asking the EEs how their day went as they exit the workplace. Or perhaps driving down the street with the loudspeaker blaring "...have you got a grudge against your employer?"

Just struck me as over the top, but see more of it coming our way.

Comments

  • 16 Comments sorted by Votes Date Added
  • I've been reading alot about the overtime issues, there was an article yesterday in which the DOL is giving helpful hints to employers to get out of paying it, such as adjusting salaries, hours worked, etc. I agree, a whole huge legal can of worms has been opened.
  • Oh for the good old days when lawyers (or their representatives) would chase ambulances. Sorry, I'm getting cynical. It seems to me that lawyers go out of their way to live up to the public image of them. My pet peeve is all the class action suits I've won (you know the ones where you get $35 off of your next purchase provided you spend $3000) but which made the attorneys rich. Thanx for giving me the chance to vent.
  • I was browsing in a bookstore over the holidays and saw several books written specifically for employees about their "rights" in the workplace. This guide specifically told them how to go about getting an attorney to assist them in alleged violations.

    It's getting to be a crazy world out there!
  • When I lived in Louisiana, attorneys were barred (no pun intended) from advertising. It was considered tacky and unprofessional. I wish they would do the same for pharmaceuticals.
  • I guess it is true what we often hear - If an an employee is dissatisfied with their current job. It's much easier to find an attorney than a new job.
  • It may be the lawyers that start/take on the case, but the juries that dole out thousands of $$$ are just as responsible for the insanity. The justice system is not justice. The system allows unscupulous lawyers and greedy "victims" to manipulate and run rampant over us. What's the answer? How does one stop it? fix it?
  • I think the whole thing needs to run full circle first...the unfortunate truth is that there are employers out there breaking the law and for a long time employees did not know who to go to for help. they accepted it to guarentee a paycheck every week. But now that there is a more accessible recourse, everyone is going law suit crazy. I think that once people find out that frivilous lawsuits will not only be thrown out but possibly get them into trouble, things will calm down.

    I saw a sadly funny comic strip in this Sunday's Globe -it was a scene of a stage at a Tort Lawyers convention and the speaker says something like "Come on everyone, loud and clear, lets put the "sue" back in consumer" .
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-07-04 AT 12:21PM (CST)[/font][br][br]It was mentioned a few days ago that CA passed the Bounty Hunter Law. This is also known as the "Sue Your Boss" bill.
    This law actually encourages ee's to sue their employers for things like wage claims on behalf of other employees, (even if the state doesn't pursue any claim).

    Then the employee and lawyers will share in the penalties that the employer must pay! And of course if the employer loses they must pay the lawyer fees for the employee also!

    So you can thank CA for taking all of your lawyers since they will all be moving here to get a piece of the action. th-up
  • In defense of the legal system, I would point out that the FLSA has been the law of the land since 1939. I'm always amazed when I read or hear that employers do not know or understand this statute. I will admit that California is a special case because it has its own FLSA that is more restrictive than the federal FSLA and it also encourages class action lawsuits. Absent the Peoples Republic of California, employers should be familar with the FLSA.

    As was pointed out, lawyers do not decide how much money a plaintiff will receive. The nonlawyers who sit on the juries make that decision. When I hear or read the attacks on lawyers, I always ask managers of companies how many times have they tried to get out of "wasting" their time on juries.

    In addition, I have found it very difficult to get companies to respond to legislative initiatives that effect employment matters until it is too late. The reason I've consistantly been given is "I'm busy and it won't affect me." If companies are not willing to look out for their own interests, then who will?

    Finally, employers have to look to how they treat their employees. For example, I'm aware of a number of employers who take the position regarding the payment of overtime that they will not do so until forced by the government. I'm also aware of a number of employers who try to avoid paying FICA and unemployment taxes by designating all of their employees as independent contractors and terminate those individuals who question these practices. Not only do these employers place an unfair burden upon all of you who try to comply with the law, but they create an environment that fosters hostility to employers.

    Another example, is the conduct of top corporate officers. Shall we only look to ENRON and Global Crossing? Did they sell out their employees? How many times have top corporate officers taken bonuses and large pay raises while cutting staff, freezing wages, and increasing the work load on all the nonfavored employees. This "new paradigm" does not help employers in the eyes of employees, even employees who should be favorable to management.

    I know that this may sound like a Dennis Miller rant. However, I believe that it is too easy to blame the lawyers. (By the way, I defend employers and deal with plaintiff attorneys from around the country).
    Vance Miller
    Editor, Missouri Employment Law Letter
    Armstrong Teasdale LLP
    (314) 621-5070
    [email]vmiller@armstrongteasdale.com[/email]
  • Vance,
    Thanks for responding. I know there are plenty of attorneys that work our side of the fence. I have personal experience with your firm from a stint in St. Louis several years ago. Armstrong Teasdale is a definite top shelf shop, in my opinion.

    There is no doubt that the abuses you listed occur and all of us that try to do it right get caught in the backsplash.

    That said, my frustration is that the "ambulance chasing" has reached a new low and the late night pitches on cable TV (when the rates are low), will no doubt catch some people with their get rich pitch. Some of them will even be genuine victims and some will not. But in the meantime, it will mean more of this rather than less. That may make our HR positions even more valuable, but I still do not look at that result as a gift horse and would rather it did not happen.


  • Claiborne County, Mississippi is referred to as the 'Jackpot Justice Capitol Of The World'. It is the poorest county with no industry and the highest unemployment rate. It is also the lawyers' choice of location for trials involving large, class action lawsuits. The attorney advertises in the paper for anybody who has taken, for example Propulsid, and thousands reply. The lawyer finds one person in Claiborne County who claims to have been affected and one prescribing pharmacist and Voila you have the location of a billion dollar lawsuit. About 2 years ago I think the Propulsid case in that county awarded something like 49 million to something like 20 unemployed women. One of the attorneys instrumental in that suit lives one mile north of me. He has a new house on 25 acres of land. The wrought iron fence around it cost more than my house. It has a six car garage, four (not 2) huge marble lions in the front, three stories and something like 27,000 square feet. I think he's maybe 34 years old. They also tried the asbestos suit in that courthouse and are working now on ephedra and some other drugs. Lawyers may not decide how much money plaintiffs will receive, as VMiller points out, but they damned sure can manipulate it by, shall we say, careful planning.
  • What a coincidence! I just finished reading a John Grishman book which part of it takes place in MS. The book describes the county, type of class action suits, how they are started and your neighbor to a "T" house and all. Of course the county name is different but it starts with a "C" with the same letters just rearranged. Grishman must have researched this county for his book.
  • Grisham often gets his material from me.
  • >Grishman must have researched this county for
    >his book.

    Grisham is not only from MS, but he is also a former Attorney. He now spends about half of his time in a horse farm in VA near the place i grew-up. HIS horse farm makes the house you guys speak of look like the ghetto.


  • Grisham is from Oxford, Mississippi, home of William Faulkner and many other Southern writers. He splits his time between there and Virginia. His most recent battle with the city was to protest a trailer being placed on someone's farm near his property. He is an attorney and former Mississippi legislator. He was serving in the legislature here when his first novel struck the big time and the rest is history. To say he has his Sears card paid off would be an understatement.
  • Well, if it's any consolation, Don, his house sounds very nouveau riche tacky (the Propulsid lawyer, not Grisham).
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