Employee sues employer. Employer calls employer’s lawyer. Employer and lawyer discuss the case. They review the cast of characters. They talk about the chronology of events. They assess the potential exposure to employer.
And, as sure as eggs, employer asks lawyer the following question: “Can’t we sue him?”
And what, do you presume, employer proposes to sue employee for exactly? Oh, there are many options, of course. But the classic is a claim for defamation. Employer wants to sue employee for alleging that employer engaged in unlawful discrimination or harassment or retaliation, etc., etc. Ok, truthfully, employer doesn’t care much about what exactly the suit would be for–just whether employer can sue the bejesus out of employee.