employment law

Nah, There’s No Reason To Doubt Kavanaugh’s Accusers…

/ Jack Marshall / 60 Comments

…Because they’re women, of course!

Leaving bigotry and politically-nurtured fantasy aside, however, we know, and even a lot of the people mouthing the “victims/survivors should be believed” lie know, that there are many, many reasons to doubt the motives and reliability of many accusers.

In the Federalist, an employment lawyer who defends people who have been accused lists his top ten reasons to doubt an accuser, like, just to take a wild, random example, Christine Blasey Ford.The lawyer, Adam Mill, begins,

I stand athwart the streamroller of sexual misconduct complaints that crush the innocent, end marriages, and destroy careers. In the Me Too era, I am an employment attorney in the politically incorrect vocation of defending who must pay if misconduct is found.

(For some reason, you have to use words like “athwwrt” to be in The Federalist.)

Here are the ten; his commentary on them in his article are worth reading.

1. The accuser uses the press instead of the process.

2. The accuser times releasing the accusation for an advantage.

3. The accuser attacks the process instead of participating.

4. When the accused’s opportunity to mount a defense is delegitimized.

5. The accuser seeks to force the accused to defend himself or herself before committing to a final version.

6. The accused makes a strong and unequivocal denial.

7. The accuser makes unusual demands to modify or control the process.

8. When the accuser’s ability to identify the accused has not been properly explained..

9. When witnesses don’t corroborate.

10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information. Continue reading →

Choosing Race Over Ethics, Fairness, Common Sense, Duty And Our Children’s Future: “Disparate Impact” And The New York Teachers Exam Decision

/ Jack Marshall / 17 Comments
Fine. If you can teach, you can teach. I don't care that you're blue.

Fine. If you can teach, you can teach. I don’t care that you’re blue.

How much, I wonder, will American society be willing to distort its values, reality and duties to the public in order to accommodate false standards of racial justice? How many innocent people will be harmed before this destructive trend dissolves as the truth suddenly dawns, and we ask, “What were we thinking?” If a computer program was designed to invent the perfect example of a court decision that shows how divorced public policy regarding race has become from anything approaching logic, it could not come up with better than this.

Judge Kimba M. Wood (Remember her?) of the Federal District Court in Manhattan ruled last week that the New York’s teachers  exam was racially discriminatory, and the results had to be thrown out.  The exam, the second incarnation of the Liberal Arts and Sciences Test, called the LAST-2, was administered to New York teaching candidates from 2004 through 2012 and was designed to test an applicant’s knowledge of liberal arts and science.  Now, the exam was not found discriminatory because anyone could show, or suggested, that certain questions favored one race’s experience over the other. It was not found discriminatory like those infamous Jim Crow exams, or because experts were able to show how African Americans were uniquely unable to do well on particular questions for identifiable reasons. No, the test was found to be discriminatory because minority teaching candidates failed at a higher rate than white candidates, and that’s the only reason.

In order to eliminate the gap, those questions on which minority applicants did significantly worse will have to be eliminated. Wrote Wood:

“Instead of beginning with ascertaining the job tasks of New York teachers, the two LAST examinations began with the premise that all New York teachers should be required to demonstrate an understanding of the liberal arts.”

We are supposed to immediately grasp that this is a bad thing. Continue reading →

How Not To Quit Your Law Firm

/ Jack Marshall / 21 Comments
"Bye! Come see me at my new firm! Just follow the trail of embers..."

“Bye! Come see me at my new firm! Just follow the trail of embers…”

The legal world is buzzing and tittering over a remarkable exit memo sent to firm clients and others by a disgruntled and departing partner at Ogletree Deakins. His detailed version of the events leading to his bitter good-bye was unusual enough that it was leaked to Reuters, and subsequently published elsewhere on the web. In legal circles, it is pretty viral at this point. Why? Because the author is a prominent employment lawyer, and the memo is the epitome of airing dirty laundry, burning bridges to ashes, and throwing a stink bomb on the way out the door…in short, it’s unprofessional conduct, and extremely so.

The diatribe begins with sensational allegation of management misconduct (but without names attached…these are lawyers, after all): Continue reading →

Hypocrite…or Lawyer?

/ Jack Marshall / 6 Comments

"After we're done, darling, let's discuss your sexual harassment suit. I think you have a good case!"

This story probably will strike you as a bit odd.

Prosecutors have charged a 50-year-old lawyer, Robert Michael Hoffman of San Francisco, with rape after complaints from four women who told police he assaulted them when they answered his Craigslist ad for rough sex. The prosecutors say that he assaulted at least three of the four women  and engaged in rape, sexual battery, forced oral sex and one count of false imprisonment.

The odd part? Hoffman practices employment law , specializing in sexual harassment cases. Sexual harassment law is explicitly designed to ensure that employees are not exploited, debased or discriminated against because of their gender.Needless to say, rape, sexual battery and  forced oral sex would qualify as extreme sexual harassment. Continue reading →

When Business Rejects Ethics: the Sorabella Story

/ Jack Marshall / 9 Comments

"So sorry about your wife's cancer, Carl. Let me know if there's anything we can do. Oh, by the way...you're fired."

I usually feel that organized labor rhetoric about cruel and heartless employers is archaic and exaggerated for political effect. This story, however, is almost enough to make me pick up a sign and start picketing.

Carl Sorabella, 43, got a merit raise in November for Haynes Management,  a real estate company in Wellesley, Mass., where he has worked as an accountant for almost 14 years. Then he learned that his wife, Kathy, had been diagnosed with advanced cancer. Told that the likelihood was that she had only months to live, Carl approached his boss. Sorabella explained that his wife’s illness would require him to have flexible hours as he supported her during her tests and treatment. He assured her that he would do whatever was necessary to keep his work up-to-date and complete his duties.

She fired him anyway. Continue reading →

Guest Commentary: “When Children Work; A Dialogue”

/ Jack Marshall / 2 Comments

By Paul Petersen

[Paul Petersen is the founder and president of A Minor Consideration, a non-profit advocacy group that seeks to protect the welfare of juvenile performers. Mr. Petersen was a prominent child star himself, most famously as “Jeff Stone” on the long-running TV comedy, “The Donna Reed Show.” The following commentary, also posted on his website, is inspired by the hearings this week on proposed child labor legislation in Pennsylvania, where “Jon & Kate Plus 8” was filmed. The legislation proposed  by State Representative Tom Murt defines reality television and would require all minors to have work permits issued by the state Department of Labor and Industry to ensure all adequate provisions have been made for the minor’s educational instruction, supervision, health and welfare. The bill also provides that minors can only work between 7 a.m. and 10 p.m., and sets guidelines for the amount of hours, work, recreation, school and activities per day. A certified teacher would be required on the set of any production to monitor working conditions, and the bill would require 15 % of a child actor’s gross earning be set aside by the employer in a trust.]

Imagine if your boss unilaterally declared that your time spent in a commercial workplace wasn’t work at all but merely “participation.” That might be said of the drug store cat, or a barnyard animal, but to say that about a living, breathing, conscious human being passes all understanding. Yet that is precisely the position taken by reality show Producers and the Networks that broadcast commercial products called “reality shows” that feature children. Continue reading →