Howard Levitt: The real value of a wrongful dismissal case depends on how badly a company wants the facts buried

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I have had cases where clients have been paid literally millions of dollars more than their legal entitlement

. I remember, some years ago, at the height of the subprime mortgage crisis, a bank executive client was fired. He had warned the bank, in writing, of the risks of its practice but it went ahead regardless. Class-action lawyers were prowling about looking to sue banks for their clients’ losses.

Since potentially billions were at stake for that bank if my client’s early warning to it was publicized, that is obviously an extreme example. Sometimes employers foolishly fight such cases and refuse to make offers beyond only the value based on length of service etc., without calculating the losses they will suffer in customer relations, goodwill, regulatory approvals or even potential lawsuits when perfidy, stupidity or negligence at the top is exposed.

 

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