Can Law Firm Partners Sue The Firm For Employment Discrimination?
Employment attorneys Wayne Outten and Justin Swartz. This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, February 2004. For more information, visit www.ljnonline.com.
This article will first discuss reasons that law firms, especially large firms, are susceptible to discrimination suits by their partners. Next, it will explain two threshold requirements for law firm partners to sue their firms for employment discrimination. Both of these requirements turn on whether certain partners are deemed employees. Third, the article will discuss the Supreme Court’s Clackamas decision and lower court decisions that preceded Clackamas but used similar analyses. Finally, it will note that,under some federal and state laws, law firms are vulnerable even if their partners are not deemed employees.Discussion of: reasons law firms may be susceptible to discrimination suits by their partners; two required thresholds for filing such a suit; Supreme Court's Clackamas decision; and finally a note on why some law firms are vulnerable even if their partners are not deemed employees.
What are the departing partner’s financial entitlements with respect to firm assets? We turn to that question in this article. Employment attorney Wayne N. Outten and Sean Farhang.
This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, December 2000 and January 2001. For more information, visitwww.ljnonline.com.
We recently contributed an article to this newsletter that addressed when and how a law firm can expel a partner. Whether a partner is expelled or (as more commonly happens) withdraws from the partnership more-or-less voluntarily, the question arises, what are the departing partner’s financial entitlements with respect to firm assets? We turn to that question in this article.
Taking stock of the present state of the law on law partner expulsion. Employment attorney Wayne N. Outten.
This article originally appeared in Law Journal Newsletters' Law Firm Partnership & Benefits Report, September and October 2000. For more information, visitwww.ljnonline.com.
How secure are law partners in their positions when other partners want to expel them from the firm? Historically, the courts have seldom had to address that question. Beginning in the mid-1990s, however, the involuntary expulsion of law partners has been the subject of numerous lawsuits. Thus, the time is ripe to take stock of the present state of the law on law partner expulsion.
The law governing law partner expulsion has substantive and procedural components. The substantive component concerns the reasons for which a law firm may expel a partner, such as, for example, the type of conduct by a partner that might justify expulsion. The procedural component concerns the due process requirements, if any, that a firm must observe in expelling a partner, such as notice and a right to be heard.