Here at the Suits by Suits World Last-Minute Gift-Buying-Wrapping-And-Shipping Center, we’re scrambling to finish preparations for our big holiday celebration, but as always, employment-related disputes are filling our time: The eight maids-a-milking are whispering about Title VII violations, the nine ladies dancing are insisting on an ERISA-type plan for future health costs stemming from dancing-related injuries, the ten lords-a-leaping and eleven pipers piping are just getting in everyone’s way, and the twelve drummers drumming claim that putting them last on the list is our way of retaliating against them for blowing the whistle on harsh working conditions in an offshore toy factory owned by this jolly red friend of ours.
And all of them wonder how it is that they were gifted to us without violating slavery and human trafficking laws. Bah humbug! No, that’s too strong – it is our favorite holiday. f
In any event, here are the most interesting news items that came across our transom in the past week:
Here at the Suits by Suits Western Hemisphere Nerve Center, we’re anxiously preparing for our Thanksgiving Day celebration. Our planned parade down Constitution Avenue celebrating all things executive-employment-related has, however, had to be cancelled in the wake of many battles with former participants. We’re still fighting an employment discrimination claim from this guy, although we keep telling him we didn’t fire him because he was green – that’s not a protected class, anyway – but because he was moving too slow on the parade route. This weird critter demands severance pay, and that’s just ridiculous. Also, Mr. Dough-guy here wants reinstatement, even though business reasons required us to give him the (buttered?) knife in the wake of the Nation’s growing carb-consciousness.
And don’t even get us started on the personal injury litigation that followed this fellow running into a light post. Bah-humbug to all of it, and pass the turkey and trimmings --
But let’s start with the cheese plate: A Wisconsin company that makes dairy processing equipment is “looking to reach a settlement” with a Minnesota company that won a $22.8 million judgment against it; the jury found that the Wisconsin company hired employees from the Minnesota one who brought with them confidential design information and other trade secrets.
In two whistleblower suits involving government entities: 1) a state employee wasn’t a protected whistleblower when she was fired after it was determined her job wasn’t in line with the federal funding that paid for it, the First Circuit Court of Appeals holds; but 2) Georgia’s whistleblower statute expressly waives the defense of sovereign immunity – so Fulton County, Georgia can’t use that defense against two whistleblowers, says the Georgia Supreme Court.
A dispute over stock redemption goes to arbitration instead of litigation, based on a non-compete: A former executive of Valerus will have to arbitrate his claim that the company forced him to liquidate his stock under a severance agreement, because a prior partnership agreement included an arbitration clause, a Texas appellate court held.
Forbes on whistleblowers: An interesting analysis of the SEC’s whistleblower report from the financial services media company here. Key line: “a lack of clarity concerning the scope of the Dodd-Frank anti-retaliation provisions raises questions as to whether the SEC will continue to see the increase in tips it has experienced to date.”
Whatever it is, there’s a whistle blowing inside: We’re not sure what a “vitrification plant” does – sounds scary or kinky, or both – but a manager at one in Washington State says that the plant’s operator is retaliating against her again, two years after she filed a whistleblower complaint.
If you are interested in more information about legal issues involving executives and their employers, on December 10, 2013, Zuckerman Spaeder LLP partners and Suits by Suits contributing editors Ellen D. Marcus and Jason M. Knott will present a webinar titled “Whistleblower Watch: Big Issues in the Latest Whistleblower Cases Under Dodd-Frank, Sarbanes-Oxley, and the Internal Revenue Code.” In the session, Ms. Marcus and Mr. Knott will discuss the basics of these whistleblower and anti-retaliation provisions and address new developments in the law, including the Sarbanes-Oxley case currently pending before the U.S. Supreme Court. To register, click here.
Although Halloween has come and gone, you can continue to celebrate Dia De Los Muertos with us here at Suits By Suits; we recommend sipping a nice anejo tequila while catching up on this week's news. (Hey, it beats legions of candy-seekers dressed as "Angry Birds," no?)
We’re getting over the withdrawal symptoms we suffered on Tuesday, which was National Snark-Free Day – something we learned from this article in the venerable Washington Post. Yes, many thanks, Washington Post, for filling your pages with only the most important information.
In the meantime, several items of interest came over our transom – some with their own built-in snark; others waiting, Ikea-furniture-like, to be brought to life with your snark – but all noteworthy in our area of expertise:
In honor of both our Tampa- and Baltimore-based colleagues (including yours truly), this week's Suits by Suits Inbox is rooting for the Tampa Bay Rays to defeat the Boston Red Sox in the American League Division Series; game 1 starts tonight. Alternatively, if you're not into baseball, perhaps you'd prefer a tasty beverage? Here's a link to 31 days of Disney-themed craft cocktails, one for each day of October. With that in mind -- or perhaps in hand, depending on when you read this -- on with our weekly recap:
Here at the Suits by Suits Global Operations Center, we’re a bit bummed that our beloved Washington Nationals Baseball Club has now exhausted any chance it ever had of making the playoffs, as have the almost-local Baltimore Orioles. All is not lost, however, because now we can turn our undivided focus to our Washington football team – the one with the name that is something of a point of dispute. The football season here will be exciting, even if it is off to a rough start.
Glum as our sporting life may be, it’s a worthwhile distraction from the possibility of a government shutdown, although perhaps not as fun as our other new Washington fad: debating the merits of green eggs and ham.
In any event, news of disputes between employers and executives – and news in related areas – continues to come in over our electronic transom. Here are the highlights:
As the regulatory and business environments in which our clients operate grow increasingly complex, we identify and offer perspectives on significant legal developments affecting businesses, organizations, and individuals. Each post aims to address timely issues and trends by evaluating impactful decisions, sharing observations of key enforcement changes, or distilling best practices drawn from experience. InsightZS also features personal interest pieces about the impact of our legal work in our communities and about associate life at Zuckerman Spaeder.
Information provided on InsightZS should not be considered legal advice and expressed views are those of the authors alone. Readers should seek specific legal guidance before acting in any particular circumstance.
John J. Connolly
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Andrew N. Goldfarb
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