Brie Files Discrimination Charge Against Employer: Legal Process Explained - Essay Sample

Introduction

This is one of the charges that Brie can file against her employer. A discrimination lawsuit is a charge filed under the federal claiming discrimination on the basis of sex, gender, sexual orientation, disability, race to name a few. In this case, the lawsuit will be filed by Brie (Plaintiff) against her Employer (Defendant). However, it is crucial that Brie follows the official legal process whereby she must first file an administrative charge and later a lawsuit. The administrative charge is filed with the federal Equal Employment Opportunity Commission (EEOC) which is responsible for notifying the employer or defendant and conduct a thorough investigation on the matter. If the EEOC attains strong evidence and agrees on the impact the lawsuit can cause when mitigating workplace discrimination, Brie receives a right to sue letter from the EEOC or the state or federal agency and files for a lawsuit with the help of a lawyer. She must prove that her employer has harassed her countless times by asking her out but she does not. Although she does not put the behavior to an end, she clearly is not willing to go out with her boss. Since it is clear that Brie has experienced sexual and gender discrimination from her boss, she must have the evidence to support her claim for her to win the case. In most cases, a discrimination lawsuit is won only with the help of strong evidence proof and convincing arguments. Therefore as for Brie, as long as there is adequate evidence to proof her discrimination and harassment case she is likely to win her lawsuit against her boss and employer.

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Bankruptcy Conspiracy Lawsuit

This lawsuit can be filed by the shareholders against the company's top employees or its directors. Filing for bankruptcy gives the company a right to determine who is to be paid first among its shareholders. Assuming that Brie's employer was the company's director, then he planned to file for bankruptcy without notifying the shareholders of their lawyers. Although on a legal basis, shareholders have limited rights when it comes to company bankruptcy, but they also have the right to be informed when bankruptcy or asset liquidation is an option on the table to save the company. Since Secureus Corporation is a stock company, then the shareholders are stockholders. This means that they own the company and they take very risks, thus, if the company files for bankruptcy they incur greater losses. in this case, Brie's employer failed to inform the shareholders and acted upon his own interest to save the company alone. This choice has the likelihood of resulting in dire consequences which will fall on the shoulders of the shareholders only. In most of the bankruptcy lawsuits, the shareholders rarely win. Thus, the shareholders must ensure that their evidence and claim are strong and holds more grounds for them to win the case. Nonetheless, as long as they have the document signed by the front office employee and proof without a doubt that Brie's boss had unethical and unauthorized plans against the shareholders, it is possible for the lawsuit to be won.False Claims Act Lawsuit

This is a federal protection right for individual willing to divulge confidential information to the government about employers who defraud the government. In this case, Brie can file an FCA charge against Secureus Corporation or her employer for ordering the front office worker to sign the company's financial documents which stated that nobody in the corporation about the financial status of the company. In other words, Brie can be a whistleblower and expose her employer's motive to defraud the government and the shareholders by lying about the employees' knowledge on Secureus' bankruptcy. However, Brie must ensure that she had proof that her employer committed fraud and that he ordered the front office to sign the document with the motive to commit fraud. She must also prove that the front office was aware of the corporation's financial status, the boss's intention and the information in the documents was false. In this case, Brie's evidence must be strong and clear that fraud against the government or shareholders occurred.

Retaliatory Lawsuit on the False Claims Act

Also, Secureus Corporation can lay a claim and sue Brie for filing a false claims act lawsuit as a retaliatory act if Brie lost her lawsuit. In the claim, the company must prove that Brie was the employee responsible for divulging confidential information about the company's plans of operations to the public. Also, it ought to prove that that information was actively used to cause harm to the company either financially or otherwise. This may include portraying a bad image to the public about the company, scaring away potential customers among other things. Furthermore, Secureus should show how the information was used by its current customer (Rayyan) to sell the shares owned and how that hurt the company. in this case, the company is most likely going to lose the case because it actually has no strong evidence that Brie was the whistleblower. However, in case Secureus won the lawsuit, Brie would be either terminated, receive threats, demoted, increased harassment and discrimination as well as lose a chance for a future job.

Wrongful Trading or Fraudulent Trading Lawsuit

This is a charge laid by creditors or shareholders against company directors who willfully traded irresponsibly resulting in increased company debts or bankruptcy. In this case, Secureus Corporation shareholders can file a fraudulent lawsuit against Brie's employer. The employer was willing to continue running company operations without informing the shareholders even after he realized that it was bankrupt. More so, he planned to file for bankruptcy without the shareholders' knowledge and lie about the employees' knowledge on the issue. Since Brie's employer acted or operated in a manner that minimized the creditor's losses, then they can file for a lawsuit. Nonetheless, the plaintiffs must ascertain their win for the lawsuit by proving strong and compelling evidence with no chance for reasonable doubt.