05/27/2026
A new litigation trend is emerging and PEOs should pay attention.
Pro se employment lawsuit filings increased 49% last year, driven in large part by AI tools like ChatGPT that allow unrepresented plaintiffs to draft professional pleadings, research case law and pursue appeals with unprecedented speed and sophistication. For PEOs, co-employment means this exposure spans an entire client portfolio at once — and the HR documentation your team helps create becomes the evidentiary record these plaintiffs are learning to scrutinize.
In the latest issue of PEO Insider, John Polson, Evan Shenkman and David Walton outline what PEOs should be doing now, from revisiting litigation budget assumptions to strengthening documentation practices and getting ahead of this trend with clients.
➡️ Read the full article: https://peoinsider.org/articles/the-chatgpt-plaintiff-is-becoming-a-peo-problem/
The practical consequences for employers are significant: inflated settlement demands, warped litigation budgets, and cases that simply don’t resolve the way they used to.