Not all employees who sue their boss have a lawyer. According to Business Management Daily by The HR Specialist: California Employment Law, sometimes employees go it alone because they can’t get a lawyer. And in some instances, they might not want an attorney.
No matter the reason, employers are advised not to take these cases lightly since it’s likely the court will give the employee several chances to present the best argument.
The blog cites the case of Doan v. San Ramon Valley Unified School District, in which Hoa Doan sued his employer, alleging race and disability discrimination, but never explained in the compliant what his race was or his exact disability. He did however say his supervisor had yelled at him and once denied him time off for an acupuncture treatment.
The school district moved to dismiss the case, but instead the California federal district court gave Doan a list of what he had to prove and told him to amend the complaint.
If you are being sued, The HR Specialist advises the employer to call an attorney right away, gather up and freeze all relevant documents and records, and then form a game plan with the lawyer.