The Importance of Being Reasonable
This law firm will not represent unreasonable people. We will only represent people who can prove they were more reasonable than their employers.
Have you been so reasonable that everyone can recognize it? If a judge or jury thinks you have been unreasonable:
- You may lose a case you might otherwise have won;
- You will probably get a far lower damages award from the jury; and
- The judge will be likelier to cut your damages award.
Ways of Showing You Are Reasonable
- If you wind up looking more reasonable than the employer, then that is a very good thing.
- Follow all the instructions you are given by your employer, even if you consider them silly. “Team players” get better results.
- Work hard to improve any area of your performance that you are told needs improvement.
- Try to get along with everyone in the workplace.
- Always keep your employer’s legitimate interests in mind.
- Keep a sense of proportion at all times. “Chicken Little” would not do well in court.
- Use the internal complaint system every time you have a serious matter to report. Do it in writing, so you have a record. Always put down the date, and keep a copy.
- If you complain about discrimination or harassment and the problem continues, then complain again.
- And again. And again. And again.
- The best thing that can happen is that the problem is ended, once and for all, without your having to file a lawsuit. That is a good thing.
- If the problem is not ended, making repeated complaints means that your case will not be thrown out of court for failure to use the system. That is another good thing.
- If the problem is not ended, making repeated complaints, and going as high up the ladder as possible, will help you get punitive damages, and in a larger amount from the jury. It will also help you keep more of the jury award when the company asks the court to cut the damages. In one case, a sexual harassment victim made more than forty complaints, each one about a serious problem. She collected, and kept, damages much higher than are normally awarded in sexual harassment cases. That is another good thing.
- In a disability case, respond to every request for more information. That way, you will never lose a case because the judge or jury thinks you should have been more cooperative.
- The worst that can happen is that you look more reasonable than the employer, and that is a very good thing.
Ways Your Employer Can Show You Are Not Reasonable
The defendant is always looking for things that will make you look bad in front of the jury. You’re doing the defendant’s work if you load up your charge or court case with a lot of trivia, or if you decide to get on your high horse and refuse to complain or refuse to go back and complain again that the remedial action did not work, or refuse to provide information the jury thinks it was reasonable for the employer to ask.