Tuesday, March 02, 2010

Akin Gump: A Telling Omission

I discuss the job harassment complaint I lodged with Dennis Race, Esq. and Malcolm Lassman, Esq., at the law firm of Akin, Gump, Strauss, Hauer & Feld, my former employer, on October 24, 1991, at the following web site:


There is a telling omission in my discussion. Nowhere do I mention that the firm had consulted a psychiatrist in connection with my harassment complaint. Nowhere do I mention that the firm consulted the firm's Employee Assistance Program, Sheppard Pratt. Of course, there is a reason for my omission. The fact is that at the termination meeting on Tuesday October 29, 1991 Dennis Race, Esq., who terminated my employment, did not tell me that he had spoken with a psychiatrist (Gertrude R. Ticho, M.D.) or Sheppard Pratt. He did not advise me that I was terminated for mental health reasons. An employer has a duty, arising out of common law, to disclose to an employee, prior to or during employment, information the employer acquires when a physician it engages discovers a serious medical problem while examining the employee in accordance with the employer's requirements. See Meinze v. Holmes, 532 N.E.2d 170, 173 (Ohio App. 1987) citing Betesh v. United States, 400 F.Supp. 238, 245 (D.D.C. 1974) (interpreting Maryland common law).

At the termination meeting Dennis Race said he had discussed my termination with "two consultants," but did not identify the consultants. I inferred (incorrectly) that the consultants were experts in employee relations. It's obvious in all my writings that I did not place any importance on these purported consultations.

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