How Plaintiff Lawyers Use the System Against You
By Thomas F. Nowland, Esq.
Copyright 2026 Nowland Law All Rights Reserved.
You just received a summons and lawsuit filed by a former employee claiming wage and hour violations including failure to pay overtime, failure to allow meal and rest breaks, discrimination and wrongful termination.
“Wait, what?!” you say. “I always pay overtime and all of my employees not only take all of their rest breaks, but most of them take extended lunch breaks.” “I am generous with all my employees and work with them on the timing of these things.”
You call an employment defense lawyer and he or she tells you the best way to deal with this lawsuit is to settle the case and make it go away. The lawyer goes on to explain that you are in a no win situation that could result in a $300,000.00 judgment against you.
Why should I pay money to settle a lawsuit that is completely baseless and full of lies, and other false claims? The lawyer tells you it doesn’t matter, you have been sued in a court of law and unless you settle it or take it to trial, you are in financial peril. This employee could end up getting a substantial judgment against you.
Doesn’t the truth matter anymore?
The short answer is no.
Plaintiff lawyers in California are filing hundreds of these labor lawsuits every month in the state of California. They are using the system against you to obtain a financial settlement.
What system is that?
The civil justice system is the legal process that most of us are familiar with that is conducted in the courts of law. It is otherwise known as litigation. The civil justice system is governed by the laws of the state of California, the code of civil procedure, the evidence code, and the rules of court.
How is the plaintiff’s lawyer using the system against me?
By drafting and filing a lawsuit in the superior court containing factual allegations that, if proven, violate the causes of action plead in the complaint, i.e., failure to pay overtime, failure to allow meal and rest breaks, discrimination, etc.
To prevail, the plaintiff (employee) has to prove the allegations. In employment litigation, you, the employer (defendant) have the burden of proof regarding time records and with limits, other issues. So, the way plaintiff’s lawyer is using the system against you is that by the simple act of drafting and filing the complaint in the superior court, he or she is putting you in the system. That system requires you to retain a lawyer and file a response. Now you are forced to answer to the factual allegations true or not. And that costs money. The plaintiff’s lawyer has set in motion a series of events that require your participation and failure to participate results in a default judgment.
But the allegations in the complaint are all lies!
Unfortunately in most employment cases the employee, with the help of skilled legal counsel, make up just enough facts, true or not, that require a trial on the merits to prove or disprove. And that trial on the merits is the system that is being used against you to extract a financial settlement.
How does that work?
The way the court system works is that all factual disputes are resolved by a factfinder; either a judge or a jury. All contested facts, i.e., whether the employee worked overtime, received proper meal and rest breaks, and whether the employee was discriminated against can only be decided based on evidence presented to the judge or jury. In most employment cases, the plaintiff employee requests trial by jury.
But what about the lies and false allegations? Won’t the jury see the truth?
The answer is maybe. You never know what a jury will decide. And this is the risk you take in going to trial to resolve the dispute. And unfortunately the cost of getting to that point is prohibitive for most small businesses. The legal and associated costs of pre-trial and trial work is extremely expensive considering the high cost of legal counsel, to conduct discovery, depositions, and prepare for trial. There are other costs related to retaining experts, document handling, printing, and preparing evidence for trial. Pre-trial and trial costs could exceed $300,000.00 depending on the case.
And this is exactly how the plaintiff employee’s lawyer is using the system against you. He or she knows these dynamics and is placing you in the position where you are forced to analyze the risks, costs, options, and possible outcomes. The plaintiff employee’s lawyer knows that you will eventually come to the realization that you are in a no win situation and will offer a financial settlement to resolve the matter.
So, no, the truth doesn’t matter anymore.
Not in employment litigation in California anyway.
