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Gone Lawsuit

[Note: Major spoilers ahead. If you have not seen/read Gone Girl, and wish to do so, please do NOT continue.]

This past weekend my wife and I got to see David Fincher’s latest film Gone Girl. While I am a fan of Fincher’s work, I had not read the novel Gone Girl and had successfully avoided any spoilers related to the movie or book’s ending. And while I enjoyed the movie very much, I’m not sure if I agree with some of the television advertisements promoting the film as the “perfect date movie.”Plan Ahead

Let’s just say that Rosamund Pike’s character Amy is all sorts of crazy. Just one guy’s opinion. Afterwards, my wife stated that yeah, Amy “is absolutely nuts but he did cheat on her,” the “he” referring to Ben Affleck’s character Nick, Amy’s husband. I laughed at first, being so appreciative of having a great marriage with a wonderful wife. Then I dissected her comment in my head. Did she think he deserved that? Why did she smirk when she said the word “but”? Later on, paranoia set in. Why did she ask me what time the Patriots are playing? Did we have plans I forgot about? Why is she telling me now about certain plot holes in the movie? Why is she saying Amy should have done this or that instead? Why are we having chicken for dinner? What is going on?

Needless to say, Gone Girl can mess with your mind. It’s an interesting look into the lengths people will go, even if based upon a fantastical premise, to save and destroy a marriage, and frankly, to simply survive. You can never underestimate how much certain people are willing to compromise in order to achieve what they want. However, this isn’t just in their personal lives, but their professional ones as well. You can never underestimate what an employee will do to keep their job, or ensure that they get something of value should their employment be terminated or not to their liking.

Just like Amy was meticulous in her planning (absent some admitted plot holes), certain employees are meticulously setting the groundwork for a potential suit or claim against their employer. That’s why it is incredibly important for employers to institute preventative measures up front and to identify problem employees or issues as early as possible. The longer a dissatisfied or disgruntled employee is permitted to stew and think about their gripes against the company, the more likely they are to bring an eventual lawsuit against the company.

Employers should ensure that all company policies and handbooks are up to date, in compliance with federal, state and local laws, and disseminated to employees who acknowledge receipt. Make sure that your internal complaint procedure or open door policy is appropriately followed so that complaints are investigated and documented properly and the employee believes that his or her complaint is being taken seriously. Have training for HR and supervisory employees so that they are familiar with company policies, including anti-harassment and anti-discrimination policies. Plan personnel decisions well, including ensuring that warnings, discipline and ultimate termination are well documented and that such documentation is clear and consistent. If circumstances arise where potential problems could lurk, consider contacting an attorney before final action is taken.

The reality is that most employees who file suit are those who felt they were not respected, listened to, or treated fairly by the employer, so recognizing these trends/issues as early as possible and communicating them to the employee is the best way to quash potential animosity. Of course, there are employees who will make a claim no matter what and it is not possible to predict and prevent every possible situation. However, employers are best served in trying to minimize this risk as much as possible.

After all, one could argue that in Gone Girl, Amy’s vengeance was motivated by her husband’s conduct. While the punishment certainly doesn’t fit the crime, Nick’s actions presumably triggered the crazy in Amy, who felt betrayed and disrespected. And Nick, who was completely oblivious to Amy’s state of mind, as well as her carefully planned activities, didn’t see it coming at all.

Employers should do what they can to ensure employees feel they have been respected in the workplace, including taking the steps noted above, and which could greatly reduce an employee wanting to take “vengeance” on the company. Also important is to understand the pulse of your work environment so you are not as oblivious as Nick was to his surroundings. This means identifying problem employees as early as possible or recognizing trends or common gripes amongst your workforce, and taking appropriate action. As they say, the best defense is often a good offense. Oh, and don’t forget “hell hath no fury like a woman scorned.” After seeing Gone Girl, I know I won’t.

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