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Mitchell Pollack & Associates PLLC

Company countersues employee fired for employment law violations

| Nov 9, 2018 | Employment Law for Employers |

In New York and across the nation, greater focus has been placed on employment law and how employees can be protected from unfair, illegal and abusive treatment by their employers. In many instances, there is a perception that the employer is always wrong in how the employee is treated and should be sanctioned for it. Many employees are filing lawsuits in response to these situations. This is not just true for lower-level workers, but for those high on the corporate latter as well. Companies and businesses must remember that they have the right to protect themselves and even file suit if they have been wronged.

A chief executive officer for Barnes & Noble Inc. had filed a lawsuit against the company alleging the company breached his contract by terminating him after sexual harassment allegations were lodged against him. He requested more than $4 million and damages. However, the company has chosen to go beyond defending itself against the complaint and filed a countersuit.

The company states that the man violated his contract by committing sexual harassment, being a bully with underlings, and trying to negatively impact the possible sale of the company. The man says he did not do any of those things. The company’s legal representation says that the man reduces the severity of what he is accused of doing and that the company has the right to recoup his salary and more for the time he was being disloyal. The alleged victim in the sexual harassment incidents says he pulled her close to him and made untoward comments. The lawsuit also says that there were other complaints about how he treated women.

Employers who are confronted with allegations that they have mistreated employees, committed wrongful termination, behaved in a discriminatory manner and other accusations must make sure they have a legal defense against the claims. In addition, they could have the basis to file a case of their own against the employee to recover what they have lost. A law firm that understands employment law for employers and can see the viewpoint of both the employer and employee is invaluable in these cases. Companies large and small should call for legal assistance immediately.