Beerball Posted December 8, 2015 Share Posted December 8, 2015 does he have a leg to stand on? Link to comment Share on other sites More sharing options...
BringBackFergy Posted December 8, 2015 Share Posted December 8, 2015 I'm not a lawyer but I play one in my office. Ummmmmm, I don't believe NY recognizes alcoholism as a disability (unlike CA). It's a money grab. If the job meant that much to him, he should have avoided appearing drunk during "work hours". But I'm an old fuddy duddy...what do I know? Link to comment Share on other sites More sharing options...
WotAGuy Posted December 8, 2015 Share Posted December 8, 2015 I hereby appoint The Dean for the plaintiff and DC Tom for the defendant. Go! Link to comment Share on other sites More sharing options...
JohnC Posted December 9, 2015 Share Posted December 9, 2015 does he have a leg to stand on I'm not a lawyer so I'm not going to venture outside my limited legal knowledge. The lesson to be learned here is if you don't carefully do your "due diligence" when screening candidates for positions you are more likely to run into problems down the line. Sark had drinking issues at the Univ. of Washington. It wasn't a secret. They either missed that problem or they ignored it. There were multiple drinking episodes by Sark on the USC job in which the university was lax in its response. What we don't know that would be important to this case is what personal conduct clauses were in his contract. In general, the University did not handle this case, which was an extended saga, very well. If I had to guess the outcome in this case I would say that Sark is maneuvering to get a better settlement from the University. I think he will get it. Link to comment Share on other sites More sharing options...
plenzmd1 Posted December 9, 2015 Share Posted December 9, 2015 The lawyer on CBS Morning News said tt is recognized as a disability in CA. Went through some different scenarios, both parties made mistakes, said look for a settlement. But she was very complimentary of Sarks lawyer and the way the complaint was written. Link to comment Share on other sites More sharing options...
ICanSleepWhenI'mDead Posted December 9, 2015 Share Posted December 9, 2015 http://www.ocregister.com/articles/sarkisian-695362-haden-usc.html Just FYI, USC athletic director Pat Haden has a law degree and worked for a well-regarded Los Angeles law firm after receiving it. Both Haden and his "right hand man" in charge of overseeing the football program are lawyers, so they should have been aware of any potential disability discrimination claims when they decided to fire Sarkisian. Doesn't mean they didn't screw it up somehow, but my best guess is that USC will have the upper hand in the lawsuit but settle it anyway to get the embarrassment out of the media: http://www.nytimes.com/2010/08/23/sports/23haden.html?_r=0 http://articles.latimes.com/2010/aug/20/sports/la-sp-0821-dwyre-20100821 http://www.latimes.com/sports/usc/la-sp-usc-sarkisian-20151012-story.html Link to comment Share on other sites More sharing options...
Chef Jim Posted December 9, 2015 Share Posted December 9, 2015 http://www.ocregister.com/articles/sarkisian-695362-haden-usc.html Just FYI, USC athletic director Pat Haden has a law degree and worked for a well-regarded Los Angeles law firm after receiving it. Both Haden and his "right hand man" in charge of overseeing the football program are lawyers, so they should have been aware of any potential disability discrimination claims when they decided to fire Sarkisian. Doesn't mean they didn't screw it up somehow, but my best guess is that USC will have the upper hand in the lawsuit but settle it anyway to get the embarrassment out of the media: http://www.nytimes.com/2010/08/23/sports/23haden.html?_r=0 http://articles.latimes.com/2010/aug/20/sports/la-sp-0821-dwyre-20100821 http://www.latimes.com/sports/usc/la-sp-usc-sarkisian-20151012-story.html There are lawyers and there are lawyers. My wife works for some of the best RE attorneys in SF but I wouldn't ask them to defend me in a court of law in a discrimination case. Link to comment Share on other sites More sharing options...
BringBackFergy Posted December 9, 2015 Share Posted December 9, 2015 There are lawyers and there are lawyers. My wife works for some of the best RE attorneys in SF but I wouldn't ask them to defend me in a court of law in a discrimination case. Defendant huh? Link to comment Share on other sites More sharing options...
Chef Jim Posted December 9, 2015 Share Posted December 9, 2015 Defendant huh? This surprises you? Link to comment Share on other sites More sharing options...
BringBackFergy Posted December 9, 2015 Share Posted December 9, 2015 This surprises you? Dumb question on my part. Link to comment Share on other sites More sharing options...
Chef Jim Posted December 9, 2015 Share Posted December 9, 2015 Dumb question on my part. Like I said. There are smart lawyers and there are.................. Link to comment Share on other sites More sharing options...
BringBackFergy Posted December 9, 2015 Share Posted December 9, 2015 Like I said. There are smart lawyers and there are.................. Link to comment Share on other sites More sharing options...
ICanSleepWhenI'mDead Posted December 9, 2015 Share Posted December 9, 2015 (edited) There are lawyers and there are lawyers. My wife works for some of the best RE attorneys in SF but I wouldn't ask them to defend me in a court of law in a discrimination case. That's a fair point. Per the USC website, their #2 lawyer has employment litigation experience as an associate at a big Los Angeles law firm. One way Haden could screw up would be to think he didn't need to take advantage of that specialized expertise in handling the firing. If he was smart, he got the university's #2 lawyer involved early in the process. http://ogc.usc.edu/AboutUs/OGCAttorneys.html I don't know what outside firm will represent USC in the Sarkisian lawsuit, but because both the #1 and #2 in-house lawyers at USC were hired from Latham & Watkins, there's a pretty good chance that Latham & Watkins will get that job. If Haden screwed up somehow there's only so much they can do, but in general, they're good. Kelly Bendell Associate General Counsel, Litigation Kelly Bendell joined USC's Office of the General Counsel in June 2000. She serves as the lead attorney managing the university's litigation, pre-litigation matters and alternate dispute resolution, and is responsible for the day-to-day management of the university's litigation team. She also oversees the university's response to subpoenas for documents and testimony, and requests for documents and information from law enforcement agencies. In addition, she oversees legal advice and counsel to all schools and departments regarding labor and employment matters, student affairs and faculty affairs. Prior to coming to USC, Ms. Bendell was an associate at Latham & Watkins in the Litigation Department, where she handled a variety of litigation matters, including employment law and general business litigation. Ms. Bendell graduated from the University of Pennsylvania magna cum laude in 1992 and from the Harvard Law School cum laude in 1995. Edited December 9, 2015 by ICanSleepWhenI'mDead Link to comment Share on other sites More sharing options...
/dev/null Posted December 9, 2015 Share Posted December 9, 2015 He's doing it wrong basing his case entirely on alcoholism. Now if he made the claim that he fell into alcoholism as a result of gender confusion, USC would grant tenure and name a building after him Link to comment Share on other sites More sharing options...
Chef Jim Posted December 10, 2015 Share Posted December 10, 2015 He's doing it wrong basing his case entirely on alcoholism. Now if he made the claim that he fell into alcoholism as a result of gender confusion, USC would grant tenure and name a building after him Whatever you're doing for a living it's wrong. This is brilliant. Link to comment Share on other sites More sharing options...
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