Attorneys’ Fees

Have you ever received a lawsuit that contained such baseless employment law claims that you wanted to lash out?  Many employers have, but most employers do not file counterclaims, and here is why:  the Plaintiff was awarded almost $250,000.00 in attorneys’ fees and expenses last month by a Georgia Federal Court. The Plaintiff had filed a gender and pregnancy discrimination case against her former employer after it eliminated her position while she was on maternity leave.  The employer, believing that it had done absolutely nothing wrong, filed counterclaims against the Plaintiff.  After receiving the counterclaims, the Plaintiff then added a retaliation claim to her lawsuit.  Three of the Defendant’s counterclaims were eliminated on summary judgment, and the employer voluntarily dismissed the remaining two counterclaims. At trial, the Plaintiff lost on her gender and pregnancy discrimination claims.  However, the jury found that the employer retaliated against the Plaintiff by filing counterclaims.  It awarded $10,000.00 for compensatory damages and $100,000.00 in punitive damages.  Because the Plaintiff was successful on at least one of her claims, she was entitled to attorneys’ fees.  The Judge refused defense counsel’s request that the attorneys’ fees be reduced in light of the fact that Plaintiff lost on her gender and pregnancy discrimination claims.  Essentially, the Defendant’s counterclaims against the Plaintiff, perhaps initiated out of anger or frustration, ended up costing it a quarter of a million dollars.  In some cases it is best for the Defendant to simply stand firm and defend itself instead of going on the offensive, especially if an award of attorneys’ fees is at issue.

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