CHAUDHRI: Amber Heard’s counterclaim may backfire

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Because the Johnny Depp trial takes a brief break, the authorized points proceed to unfurl.

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Of little focus has been Ms. Heard’s $100 million counterclaim towards Johnny Depp that can be being tried on this case.

Which means Heard, in response to Depp’s $50 million declare, defended the allegations, and likewise sued him for damages together with defamation.

Heard’s counterclaim alleges that since she sought a home violence restraining order towards Depp in Could 2016, he has engaged in “an ongoing harassment and on-line smear marketing campaign” to successfully finish her profession.

Heard alleges that Depp initiated or coordinated two change.org petitions, “one to take away Ms. Heard as an actress within the Aquaman film franchise, and one to take away her as a spokeswoman for L’Oreal.” To assist her declare for defamation damages, Heard claims she suffered “damages to her status, hurt to her capability to work in her occupation and as a spokesperson.”

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Her claims are based mostly in her status being so broken that her employment prospects are very bleak.

Like Depp, in her prolonged counterclaim Heard depends on personal and public statements Depp allegedly made about her.

The timing of Heard’s counterclaim is curious. Depp filed his swimsuit in March 2019. Heard filed a movement to dismiss his swimsuit in April 2019 however was unsuccessful. In August 2020, Heard filed a $100 million countersuit in response to the 2019 submitting.

A defendant shifting to strike a declare proper after it has been filed is uncommon and aggressive. The Justice system was created to permit plaintiffs a platform to pretty resolve their disputes and have their day in court docket.

Usually claims are solely dismissed earlier than trial if they’re frivolous, vexatious or successfully deserted by the plaintiff.

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When Heard was unsuccessful getting Depp’s declare thrown out she filed a counterclaim a 12 months later for double the quantity Depp was suing her for.

Counterclaims will be thought-about a device to intimidate a plaintiff from continuing with a declare in court docket. For instance within the Courtroom of Enchantment case Ruston v. Keddco MFG, the court docket upheld a $100,000 punitive injury award and $25,000 aggravated injury award to the plaintiff discovering the employer’s counterclaim was a “tactic to intimidate” the plaintiff.

In that case the plaintiff, Mr. Ruston, within the position of president reporting to the CEO, was fired for trigger. The corporate alleged he engaged in fraud, nevertheless, he was given no particulars of the purported trigger in his termination.

When Mr. Ruston sued for wrongful dismissal damages, the employer counterclaimed with a $1.7 million greenback declare alleging fraud. The court docket discovered no foundation for the termination for trigger and made no discovering Mr. Ruston engaged in misconduct amounting to trigger. Ruston was awarded $1.1 million {dollars}, together with a hefty price award of $546,684.73. The enchantment was dismissed.

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When defendants interact in aggressive litigation ways, a reckoning could come as soon as they enter the courtroom. As we noticed within the case of Ruston, counterclaims can backfire.

If Heard doesn’t substantiate her claims for lack of revenue and defamation throughout the course of her trial, her case may undergo an identical destiny.

On to this week’s questions:

Q. I’m educated, and was employed as, a social help employee. This entails psycho-social counselling, operating teams and training. I work in a gaggle residence for at-risk youth. As a result of we’re quick staffed, I’m being requested to carry out bodily private care duties, for instance, I used to be alleged to insert a catheter for a consumer, which is actually one thing a PSW or Nurse ought to do. My contract says nothing about private care duties like this. What can I do?

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A. Firstly, if you’re not professionally educated to tackle a number of the duties you might be being requested to do, then you could alert your employer of this instantly. In case you are taking up extra hours, duty and duties which are out of your depth write to your employer expressing your discomfort. Finally, being requested to do work exterior of the conventional course of your position might be thought-about a breach of your employment settlement. In case your employer continues to require you to tackle duties exterior of the scope of your settlement, get authorized recommendation.

Q. I would like to depart my job after 20 years as a gross sales supervisor for a sports activities promoter. I’ve to take care of my ageing dad and mom and may solely make money working from home now in a diminished hours place. How ought to I am going about this? How a lot discover ought to I give? Would I nonetheless be entitled to separation pay?

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A. Let your employer know your limitations and see if it may well accommodate the adjustments you search. If not, give as a lot discover as you may. Counsel a discover interval (like 4 weeks) however be versatile to increase that interval in case your employer wants some extra transition time. In case you are the one quitting due to adjustments to your personal circumstances (and by no fault of the employer), you aren’t entitled to separation pay.

Have a office query? Perhaps I can assist! E-mail me at sunira@worklylaw.com and your query could also be featured in a future column.

The content material of this text is basic data solely and isn’t authorized recommendation.