August 20, 2020

In an Uncommon Move, McDonald’s Sues Former CEO

It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee. Easterbrook, who received his severance payment after being cleared by an internal investigation of any additional wrongdoing, was accused by another employee last month of carrying on a sexual relationship with them during Easterbrook’s tenure at McDonald’s. 

Under other circumstances, this might not have resulted in a lawsuit from McDonald’s, but the company alleges in the suit that Easterbrook concealed evidence of this relationship during the company’s original investigation last year. He is also accused of lying and compensating at least one person with whom he had a relationship with company stock, which McDonald’s wants back. 

After the initial investigation, McDonald’s decided, as is common among large companies, to fire Easterbrook with as little fanfare as possible. This included providing Easterbrook with his severance and stock options. However, a clause in his contract stipulated that if McDonald’s later determined that Easterbrook should have been fired “with cause” then it would be open season on these payments. And, with the new revelations this summer, this is exactly what McDonald’s has chosen to do.

While the public way in which this is playing out is uncommon, this series of events is not and we think it is a good example of one of things we often counsel clients on: when you’re being investigated, the cover up may be worse than the crime itself.

Special Issue of Harvard Law & Policy Review Focuses on Pregnancy

December 7, 2020
Pregnancy Discrimination
The Harvard Law & Policy review has recently devoted an issue to the special theme of “The Politics of Pregnancy.” It contains numerous responses to and discussions of myriad political issues of pregnancy in the U.S. and abroad, including increased emphasis on maternal health, abortion access, surrogacy, and state intervention into matters of women’s health, including the effects of incarceration on mothers.

Changes to New York Employment Laws to Have Lasting Impact, Says Law360

December 3, 2020
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This week Law 360 published a helpful guide to how the pandemic has changed employment law in New York and what kinds of impacts those changes will have into 2021 and beyond.

Can Employers Require Workers to Get Vaccines?

December 3, 2020
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Now that a vaccine, or more accurately, many vaccines, seems inevitable, an important new question has emerged: Can employers require workers to vaccinate?

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