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Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, October 29, 2009

Discharged Attorney Looses First Amendment Case

Attorneys are employees just like anyone else. Thus, though we do not hear about it very often, they can have employment issues themselves. Ex-Disciplinary Attorney Lawsuit Is Rejected By Jury is an Oct. 30, 2009 New York Law Journal article that discusses one such case. In this case, an attorney claimed that she was discharged in retaliation for the exercise of her First Amendment rights. However, the jury determined that she was discharged for performance related reasons. As the article states:

The unanimous, eight-member Southern District jury rejected the civil rights suit brought by Christine A. Anderson, who claimed she was fired in 2007 because she objected that officials at the committee were "whitewashing" complaints and giving preferential treatment to attorneys with connections.

The jury credited the claims of the Office of Court Administration and three individual defendants that Ms. Anderson had been fired for insubordination. The state argued that she had exaggerated her complaints and had spurned numerous opportunities to repair her frayed relationship with her direct supervisor, Sherry K. Cohen, the committee's deputy chief counsel and a defendant in the case.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2009/10/discharged-attorney-looses-first-a-case.html

Employment Law | Permalink

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