No they wouldn't, you would just need some actual evidence of the defendant's behavior instead of trying to use the plaintiff's behavior against the defendant.
> Your premise is also flawed, because that is not a reasonable claim. False rape accusations approach nowhere near 50% despite the possibility of similar incentives.
Rape accusations where the accuser has no corroborating evidence whatsoever tend to lose (or have the prosecutor decline to take the case), so that incentive doesn't really exist there unless you start to believe accusers without any additional evidence, at which point the rate of false accusations would skyrocket because they would be successful.
Also, how do you know what percentage of accusations without corroborating evidence are false? (That's legitimately very hard to measure.)
> No, this is something that the plaintiff has carried out in response to the defendants actions.
This is essentially meaningless. Many decisions are trade offs where reasonable people can disagree about what to do, so no matter what an employer does, someone can claim they disagree and would have done the other thing and use it as a pretext to organize a strike.
> A smart company wishing to dismiss a low-performer will have a paper trail that can corroborate their actions and get these sorts of frivolous cases thrown out.
That's assuming the employee was a low-performer or that there was a past pattern of misbehavior. Some people follow procedures right up until the point when they decide to stop.
That also rewards the most nefarious bureaucrats who keep the best records on every little thing anybody has ever done wrong so that they have a pretext to justify firing anybody. So then you're losing any connection to meritorious behavior -- a well-lawyered corporation has the paper trail to fire a real labor organizer while an honest company that isn't so distrustful of their employees gets into trouble when a bad employee starts lobbing false accusations at them.