2. The Catch 22. Some labor and employment laws require companies to take actions that appear to favor one group over another. (For example, the laws on religious and disability-based accommodations sometimes require that the employer treat certain employees more favorably than others.) Yet other labor and employment laws prohibit "unequal" treatment of employees. Because of this "catch 22," many executives believe that labor and employment laws put their companies at greater risk than do other types of law.

3. The morale of the story. Nothing kills morale faster than an ill-advised settlement to a disgruntled ex-employee . . . except maybe an employment lawsuit that drags on for years and involves your workforce as witnesses. Labor and employment litigation is uniquely capable of bolstering or destroying your work force’s morale, depending on the way it is handled. And morale affects productivity . . . which affects your bottom line.

4. Emotions run high. Many employees view their workplaces as their "families." To these employees, being terminated isn’t just a "no-hard-feelings," arm’s-length business transaction – it is more akin to finding out that your spouse has been cheating on you, and just about as traumatic. And, just as in a divorce, your employees will be taking sides, and their emotions will run high. Meanwhile, your supervisors will feel under attack and fearful that an adverse decision will affect their job security, too.

5. "Vengeance is mine." Once the initial trauma is over, your ex-employee and like-minded co-workers may become vindictive. They may even conspire to fabricate allegations against the company, which can be very difficult to defend.

6. The hidden agenda. It’s a known fact that many labor and employment laws were enacted so that lawmakers could shift the costs of social engineering from the government to employers. Reasonable accommodation, for example, reduces the need for the government to care for disabled individuals. The Immigration Reform and Control Act lets employers shoulder the burden of determining who is legally eligible to work. This saves the government lots of money, so new laws continue to be enacted.

7. "If I’ve gotta spend a third of my life there, I’m gonna make sure things are good." Most of us spend more of our waking hours at the workplace than anywhere else. Therefore, we have a vested interest in making sure that we can control what goes on at work, that our rights are protected, and that our working conditions are optimal. This heightened level of concern results in more administrative charges and lawsuits.

8. Been there, done that. Nearly every juror is, has been, or will be an employee. Many have had, at some time, the feeling that an employer mistreated them or was unfair to them, and those feelings can be transferred to the plaintiff in a labor and employment lawsuit. The typical juror will also care more about fairness than about compliance with legal technicalities.