A Just Result for an Employer Who Did the Right Thing
A Just Result for an Employer Who Did the Right Thing.
Small employer client, who believed in giving people second chances, hires a convicted felon right out of prison. The employee, who had a history of drug convictions, was sent to the employer’s worker’s compensation clinic for a drug test in connection with an industrial injury. After initially refusing to take the test, the employee finally took it and it came back positive. The employee was fired and subsequently sued for race discrimination and harassment based claiming that the other employee used racial epithets, which caused a hostile work environment. The employer faced punitive damages and the case was to be tried where the jury pool would have been Plaintiff-oriented. Our firm’s advanced litigation skills prevailed against a seasoned plaintiff’s attorney, precluding the use of most of Plaintiff’s evidence from the court’s consideration as summary judgment. Through a detailed investigation, we also were able to develop substantial evidence to impeach the plaintiff at trial by obtaining the plaintiff’s past employment records which showed he lied on several employment applications. The practical result of our work was that the employer won saving his company several hundreds of thousands of dollars damages and possible punitive damage exposure. More importantly, the result we obtained for our client shows that justice prevails in cases where people do the right thing.