Legal Question in Civil Litigation in Tennessee

I would like to know if a small for profit business, c corporation, has legal recourse to counter sue an ex-employee who was terminated and subsequently filed a complaint with EEOC? Is there legal recourse if this complaint goes to trial and the plaintiff can not prove their case ?

Case Background: Employee terminated 45 day into 90 day probationary period. skill and knowledge base presented on resume was false. Employee failed to perform according to what was stated. Poor judgement and Character issues. Fraternizing with owners spouse ; a definite no


Asked on 9/28/09, 2:04 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Generally, there is no right to recover legal fees spent on this type of defense. If the employee files a lawsuit and the court deems it to be frivolous, then you can get a judgment for your legal fees and expenses. Collecting on this is usually pretty difficult even if the judgment is obtained.

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Answered on 9/30/09, 2:38 pm


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