Late Thought on Villaneuve v. Colton

This case essentially held that the frivolous claim by the employee subjected the employee to liability for the employer’s attorneys’ fees because he failed to enter evidence that he couldn’t pay.

Question:  is there anyone out there who has ever heard of a small employer making the same argument?  I’ve represented a number of smaller companies or sole proprietors who could make that argument.

Something tells me not to hold my breath for a reply.