By Robin Shea on Posted in Alternative Dispute Resolution,Defamation,HarassmentMe and my nerdy mind. It’s too soon for me to have an opinion about who’s right and who’s wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes’ (long before Fox) having a “casting couch” for prospective female talent. If that’s true, then it’s disgusting. On the other hand,… Continue Reading
By Robin Shea on Posted in Americans with Disabilities Act,Defamation,Discrimination,Employment at Will,RetaliationWe have not one, but two new high-profile employment lawsuits that are worth following long-term: Former head football coach Steve Sarkisian’s alcoholism-discrimination lawsuit against the University of Southern California, and the wrongful termination lawsuit filed against the Michigan House of Representatives by former aides to adulterous former legislators Todd Courser (resigned) and Cindy Gamrat (expelled). Full “scorecards” appear… Continue Reading
By Robin Shea on Posted in Defamation,Employment at Will,RetaliationHoly Toledo! (Or should I say, Lansing?) Here is our next celebrity employment lawsuit soap opera . . . You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats… Continue Reading
By Robin Shea on Posted in Defamation,Discrimination,Harassment,Sexual TortsLaw360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive damages will be determined later. She had asked for $2 million. Ms. Marchuk won on her hostile work environment claim under… Continue Reading
By Robin Shea on Posted in Defamation,Discrimination,Evidence,Harassment,Sexual TortsAs expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court’s decision granting judgment to the… Continue Reading
By Robin E. Shea on Posted in Defamation,Social mediaA shoe retail chain faces a jury trial in a libel case brought by an ex-employee falsely accused on Facebook and elsewhere of using a racial epithet. A sincere apology and public correction of the record by the company might have made a difference.… Continue Reading
By Robin E. Shea on Posted in Blacklisting,Defamation,Discrimination,Harassment,RetaliationEmployers who provide bad reference information about former employees can be vulnerable to claims for defamation, retaliation, and state anti-blacklisting statutes.
However, there are occasions when it is prudent to provide more than "Name, rank, and serial number" to (1) avoid incurring liability when a bad employee does something really, really bad at his next workplace, and (2) maintain good relations with your fellow employers by providing judicious warnings about the bad apples.… Continue Reading