"Do unto others as you would have others do unto you" The famous words known as the golden rule. Its a Christian precept designed to encourage us to treat others as we would like to be treated. Unfortunately, in the work place, we must sometimes treat others as we must in order to survive, or so we think. "Niceness" does count in lawsuits. Extending basic courtesy, or making a generous gesture make a difference in a lawsuit.
You, as an employee, may be locked in a huge fight, or simply engaged in an ongoing tit-for-tat with your employer. The struggle may last months or years. But, everything you do will become magnified if your dispute becomes a lawsuit. A judge or jury will look at what you did and draw critical conclusions about you as a person. The judge understands the law, but s/he sees so many lawsuits that personal differences alone may make you stand apart from the horde of losing employees. A jury, on the other hand, may understand little of the law in a discrimination case. But, they will well understand an employee "smarting off" to a manager or refusing to perform some task at work.
The simple things have a way of crystalizing a case for a jury. It is in your interest to do the right thing, Because, if you do not, it can cost you an otherwise winable case.
That is partly why a leading defense lawyer warns employers to follow the golden rule.
The more difficult the issues become, the more nasty your dispute may become, the more important it is to follow the golden rule. Do the right thing. You will live better and you will have a better chance of winning.