Perspective
Aug. 30, 2012
One-sided fee scheme in California fair employment act
In practice, the threat of a fee award brings otherwise reluctant employers to the settlement table even when they feel that the employee suit is without any merit. By Ray Tamaddon of Hinshaw & Culbertson LLP
One of the most frustrating aspects of employment litigation for employers is the award of attorney fees to a prevailing plaintiff. The California Fair Employment and Housing Act (FEHA) provides for an award of attorney fees to a winning plaintiff, even if the amount of damages recovered by the plaintiff is only nominal. Moreover, under California law, the fee award belongs to the attorney, not the party. This has motivated plaintiffs' counsel...
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