Friday, September 30, 2011

The Great War Against Employers Continues


We now have another class of aggrieved in this nation...and it used to be ME! Sadly, I lost my special status even before I got a chance to use it.

Hey, I've been there. I'm still only cobbling together a living after losing my job in the construction sales industry a couple years ago. (Thank you Jennifer Granholm!) I spent many months completely out of work and many more months "underemployed" as today's dynamic social sciences lexicon might refer to me.

Barack Obama's so-called jobs program includes a priceless little gem that would allow me to sue the pants off of any of the scores of potential employers that didn't hire me during the blight of my unemployment.

One can imagine the additional costs that could be amassed by any business with over fifteen employees that makes the mistake of filling its only opening after accepting 100 applications and interviewing ten finalists. Any one of those spurned 99 percent that might happen to be unemployed at the time of their application could be encouraged to sue for damages.

Here in Michigan there are often thousands of applicants accepted for only a handful of jobs. How many Alice reruns do you suppose the average unemployed job seeker would have to sit through before the Law Offices of Sam Bernstein or Robert Goldwater started peddling their sue first meme over job discrimination?

While the law does specifically exclude applicants who are unqualified or incapable of handling the job in question, the mere threat of litigation and the financial requirements of walking the regulation tightrope will have a chilling effect on many potential employers.

This chill might effect not only the routine hiring process conducted by any employer, but even base-level decision making that might be considering potential company expansions or relocations. How will a company pay for any unforeseen litigation costs? How much more expensive will their product become in order to defend against unjustified accusations?

Of course, these concerns are not a major problem for those who demand that a 'jobs bill' be signed immediately regardless of its actual impact. The great war against employers continues apace.

More at Overlawyered.

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