Tuesday, November 1, 2011

Herman Cain & Frivolous Lawsuits

It is virtually impossible for any good sized company in the United States to avoid frivolous employment practice lawsuits, which is a good reason to hire as few people as possible and or to move jobs off shore.   There are so many causes of action in the law installed during 100 years of Socialist creep that employment lawsuits are just a cost of doing business and routine.   Employees can sue for wrongful termination, harassment, a hostile work environment, sexual harassment, discrimination based on age, sexual orientation, religion, handicap, or other infirmity.   

The game goes like this.   As soon as an employee is put on a performance plan for poor performance and/or is terminated for any cause, there is probably a one in ten chance that the employee will claim one, or multiple causes of action from the list above; rather than just accept that he or she did failed to do the job.  This is the case because there is a shyster contingency attorney on every street corner ready, willing and able to take these cases to extract easy money from corporations and everyone knows it.  

These shyster attorneys know very well that these cases are often turned over to insurance companies that usually will pay $20,000 or more to just make these cases go away, rather than end up in court.   Very few of these cases every make it to court.  So the shyster attorney will put in about 10 - 20 hours of time in a factory like job to get half the settlement.   These shyster attorneys work in volume, often dealing with several hundred cases at a time, so the money to deal with these frivolous claims is easy and good.   Until all states enact laws that require that loser pays, these cases will continue.  Ultimately, the public is paying for the cost of these frivolous lawsuits in higher fees and or other charges that are passed on as a cost of doing business. 

As a global company owner for 22 years, we have experienced many of the causes of action listed above in perhaps 10 cases over the years.   None have ever amounted to a hill of beans because there has never been a real case; but our insurance supplier has paid relatively small settlements, admitting no guilt, just to make these cases go away.   Some of these cases were actually pretty funny and silly; like the time a woman claimed discrimation because she was fat and ugly.  

That one went away when I invited her attorney to come to our offices to see that his client looked just like most women working for us that were her age.  They and she were neither fat nor ugly, just 55 years old.  Of course, our insurance premium reflects these settlements and we have had to spend considerable time fighting these cases and paying our deductibles, which is non productive; but otherwise, these frivolous employment lawsuits are just an unavoidable nuisance. 

Republican Presidential Candidate Herman Cain has been in business for more than 40 years.   It is pretty likely that given the size companies that he has managed that there may be hundreds, if not thousands of frivolous employment practice lawsuits, that were settled while he was the President or CEO of a company.   So now it turns out that Cain was accused by a woman of Sexual Harassment because he told her she was the same height as his wife; motioning with his hand that she and his wife both came up to his chin.  

If this is all there is to this accusation, we have really reached ridiculous.   No doubt, this woman was paid money to go away because that is the game.  Keep in mind, paying a compliment to a woman can result in a Sexual Harassment claim.   Smiling at a woman can be misconstrued and result in a Sexual Harassment claim.  Look, real Sexual Harassment, where a boss requires a subordinate to engage in sexual activity as a condition of employment, should be illegal and punishable under the law.   But most of these cases, have no basis in fact.  This is all about extracting money from employers and nothing more. 

But, now that Political Correctness rules the work place, we have reached the point of absurdity.  President Obama and his Socialist Pals in Congress, supported by the trial lawyers, are responsible for all of this nonsense.   We have got to get frivolous lawsuits under control because they are resulting in job loss in the United States.    This will never happen as long as Socialists remain in government, which is another good reason, we must sweep them all out of office in 2012 and 2014.   These characters are bankrupting our businesses and our country.   It has got to stop.

We have to take back our country in 2012 and 2014 to bring common sense back into the marketplace.   We have to elect Conservatives that support free market capitalism, limited government, lower taxes and less regulation, a balanced budget, term limits, real education, energy, health care and entitlement reform, a strong national defense, including securing our border and fighting Terrorism, the right to bear arms, the sanctity of life and family values that are the foundation of our nation.   As part of this process, we must curtail frivolous lawsuit.   This is the platform supported by the American people and the only way to restore economic growth and job creation in our country.

We have to take back our country in 2012 and 2014 to preserve our freedom, our nation and way of life for the sake of our children and grandchildren.   We can do it.   We must do it to prevent the bankruptcy of our nation.   In the mean time, I doubt there is much fire behind the smoke in the Herman Cain Sexual Harassment case.   Unless something else comes out, this will prove to be the typical frivolous employment practice case intended to extract money and nothing more.  This happens all the time at most good sized companies; no big deal. 

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