Sometimes, helpful and encouraging knowledge can come even from others’ unsuccessful cases. As an example, there’s the recent case of a Los Angeles restaurant server, who lost his race discrimination case. Even though this server lost his discrimination case, his outcome in the appeals court is an important one for anyone who is considering pursuing a discrimination action in court under the Fair Employment and Housing Act. Some people might be frightened away from pursuing their rights and seeking their day in court by the possibility of not just losing but ending up with an outcome where they are left in the position of having to pay the other side.
If you are considering taking on your employer or former employer in court, you should not let it discourage you. As this case revealed, even if your employer makes a statutory settlement offer that you refuse, and you later receiving an unfavorable verdict, you will still not be “on the hook” for any of the other side’s attorneys’ fees or costs, as long as your case wasn’t frivolous or unreasonable. In other words, fear not, and if you have any questions about pursuing your claims, talk to a knowledgeable Oakland employment attorney today.
The server, F.H. worked at a five-star luxury hotel in Los Angeles. While at work, F.H. and another server became embroiled in an altercation. According to F.H., the other employee had uttered various racist slurs toward him, including “beaner” and “[expletive] Mexican.”