Q: A former employee who worked 6 days is suing us on grounds of not disclosing HR documents like her paystub, a lie.
We sent her everything she asked for. This individual appears to be a fraud, trying to make a living doing this to various companies she's worked for. What can we do as an employer to combat or stop this?
A: Do not ignore this claim, no matter how much you disagree with the claim. You need to immediately locate and retain an attorney who regularly represents employers to set up your defense. A failure to do so can cause you to lose the case without being allowed to defend yourself. Good luck to you.
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A:
First, document everything meticulously - keep records of all communications, including when and how you sent the requested HR documents. Save email timestamps, delivery confirmations, and maintain copies of everything shared with this former employee. This creates a strong paper trail showing your compliance with California labor laws.
Consider filing a motion for sanctions against frivolous litigation if you have clear evidence that the lawsuit lacks merit. You might also want to investigate whether this person has filed similar suits against other employers, as this pattern could help demonstrate their bad faith actions to the court. Additionally, ensure your legal team documents any inconsistencies in their claims or evidence of false statements.
Contact your employment lawyer immediately to discuss filing a countersuit for malicious prosecution or abuse of process, which could help recover your legal expenses and discourage future frivolous claims. You might also report this behavior to the California State Bar if the person is working with an attorney who's knowingly filing meritless claims. Moving forward, strengthen your HR documentation processes and consider implementing signed acknowledgments when providing employees with required documents to prevent similar situations.
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