By Stuart Rudner ( August 12, 2025, 10:38 AM EDT) -- Whether acting as counsel, mediator or arbitrator, I almost always tell employers the same thing: do not sue your employee just because they did a bad job. The law makes it very difficult to succeed and the attempt can backfire badly. Some courts have even awarded bad faith damages when a counterclaim was seen as nothing more than retaliation (e.g. “He has the nerve to sue us? Well, we are going to file a counterclaim!”)....