Posted on February 13, 2008 by Rush Nigut

.300 Won't Get You Into the Employment Law Hall of Fame

A .300 batting average may get you into Major League Baseball's Hall of Fame but winning only 30 percent of your employment lawsuits won't do the trick.

See Mark Toth's Manpower blog for the results of the Question of the Week - What % of employment lawsuits are won by employers?  That's right, only 30 percent.

But fortunately there are things an employer can do to increase their chances to win and/or avoid lawsuits.  Jon Hyman offers several suggestions for the proactive employer:

  1. Review and update handbooks, policy manuals and forms;
  2. Implement a document retention and destruction policy;
  3. Implement a harassment training program;
  4. Audit job descriptions and employee classification for wage and hour compliance;
  5. Properly document all performance problems.

photo on flickr by ewen and donabel

 

 

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Comments (3) Read through and enter the discussion with the form at the end
Jon Hyman - February 13, 2008 9:43 AM

I'm curious where this 30% number comes from. A study published late last year by the Federal Judicial Center reported that only 9-14% of employment discrimination cases in federal court terminate on summary judgment. Based on my experience, the number in state court is significantly lower. Given the small number of cases that actually go to trial, "winning" cannot be defined by dismissals or verdicts. Now, I agree that winning is often subjective, and an employer can win a lawsuit by a favorable settlement. For example, I'm batting around .998 based on my perception of results for my clients. Because perception of results is so subjective, I'm not sure it can be accurately accounted for by a percentage.

Rush Nigut - February 13, 2008 1:09 PM

Jon:

I know Mark responded to you on his blog. See the response to your comment: http://manpowerblogs.com/toth/2008/02/12/answer-to-question-of-the-week-21/

Your win percentage is only .998? I guess every lawyer loses one every once in a while, right?

Rush

Mark Toth - February 16, 2008 7:54 AM

Hello Rush!

As Jon points out, the data depends on how you define "win." The 30% is based on a variety of sources over the years, primarily jury verdict research and the Dispute Resolution Journal, with "win" typically defined as "winning at trial."

The basic message is: think long and deep and hard before setting foot in court -- you might not like how it turns out.

I, too, am surprised that Jon would admit that he has only a .998 winning percentage. We at Manpower only use attorneys who can demonstrate at least a .99999999999999999999999998 percentage.

By the way -- love your blog. Great stuff!

Mark

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