A Few Labor And Employment Gems I Got This Week

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A couple of interesting gems I got this week from other people (thanks, you guys!):

Pro hac vice statements defeat summary judgment! A federal judge in North Carolina denied summary judgment to a law firm who was sued by an associate for wrongful discharge based on race. Although the law firm's evidence showed that the associate was a poor performer, the judge found that statements made in a motion to admit her pro hac vice in New York (saying she was in good standing, and yadayadayada) created a genuine issue of material fact as to whether "poor performance" was a pretext.

My friend (as long as she isn't suing one of my clients) and most-worthy adversary Julie Fosbinder of Charlotte was representing the plaintiff, so I'm not surprised that she (a) thought of it this idea, and (b) persuaded the judge. Law firms, when firing an associate for poor performance, something to think about . . .

Please see full article below for more information.

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Constangy, Brooks, Smith & Prophete, LLP on:

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