Akin Gump: Record on Appeal -- Firm's Concern with Embarrassment

The following are pages 453 and 454 of the record on appeal in Freedman v. D.C. Dept. Human Rights, D.C.C.A. no. 96-CV-961 (Sept. 1, 1998).   The document memorializes Dennis Race's admonition to me on  Wednesday morning October 30, 1991, the day following my job termination, not to embarrass the firm.

I also submitted this document to the U.S. Social Security Administration in support of my claim for disability insurance. 

The date stamp indicates that I faxed the document to my sister on Friday September 25, 1992.  

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FAX NO. 609 235 5569 MEREDITH FINANCIAL SERVICES
transmittal for Mrs. Estelle Jacobson c/o Mr. Edward Jacobson

Dear Stell,

The following is a listing of telephone contacts, or attempted telephone contacts, with various Akin Gump attorneys in the period following my termination and before the filing of a complaint with the District of Columbia Department of Human Rights and Minority Business Development. The contacts and attempted contacts establish a good faith effort to resolve the issue of my termination, which I believed to be groundless, and establish a good faith effort to call attention to my job evaluations, which I believed, may have been overlooked prior to the firm’s decision to terminate. The listing is based on recollection.

October 29, 1991 -- In the afternoon after my termination I telephoned Malcolm Lassman at his office. I asked him if he knew what had happened. He said he knew. I told him that it had been a difficult three-and-one-half years; he acknowledged my statement. He mentioned that someone in his family was also going through a similar situation (Dennis Race also mentioned this fact at the termination meeting, in the context of the discussion about my being a "talented guy," etc.). I asked him if we could get together to discuss other employment opportunities. He told me to call him during the week of November 11, 1991 and that we could get together for coffee, and explained that he was going to be out of the office during the week of November 4, 1991.

October 29, 1991 -- I telephoned Earl Segal at the office. I left a message with his secretary; Mr. Segal did not return the call.

(Also, earlier in the day, while still at the office, I attempted to see Malcolm Lassman in his office; he was out. I also attempted to see Earl Segal in his office; he was out.)

October 29, 1991 -- In the evening I telephoned the residence of Laurence Hoffman, the firm’s managing partner. No one was home. I think I got a telephone answering machine message; I did not leave a message.

October 29, 1991 -- In the evening I telephoned the residence of Dennis Race. No one was home.

October 29, 1991 -- In the evening I telephoned the residence of Earl Segal. I spoke with a young man who told me that Mr. Segal was not available. I said I would call Mr. Segal at the office the next day, and did not leave my name.

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October 29, 1991 -- In the evening I telephoned the residence of Malcolm Lassman twice. In the first call a woman with a foreign accent told me that Mr. Lassman was not home. The second time I called, Mr. Lassman answered the phone. I asked Mr. Lassman if the firm would object to a claim for unemployment insurance; he politely told me to call Dennis Race in the office.

October 30, 1991 -- Around 9:00 AM I telephoned Dennis Race at the office and asked him if the firm would object to a claim for unemployment insurance. Mr. Race said that the firm would not object, as long as I didn't put down anything that embarrassed the firm. Noting that the previous day, Mr. Race had said that one of the reasons for my termination was that I ignored people's corrections, I directed Mr. Race's attention to my job evaluation dated November 1989 that expressly stated that I "catered to individual needs." Mr. Race asked me if J.D. Neary had written that; I said, no, Constance Brown. Mr. Race politely explained that the problems with my work arose after that job evaluation had been written, which apparently in Mr. Race's mind, made that job evaluation irrelevant. The telephone call was cordial. I was somewhat agitated since I hadn't slept the night before.

November 4, 1991 -- Around 9:00 AM I telephoned Earl Segal at the office. Having thoroughly reviewed my job evaluations, I had come to believe that my termination was “problematic” and wanted to call the firm’s attention to this fact. I asked Mr. Segal if the management committee had had an opportunity to review my termination, which, in view of my job evaluations, I believed was “problematic.” Mr. Segal asked me if a review by the management committee was something I had discussed with Dennis Race. I said, “No, this is something I concocted.” I believe he told me that he would speak with Dennis Race and that Mr. Race would contact me if a contact were warranted. Mr. Segal also told me, politely, that in the future all of my contacts should be with Dennis Race only. (I assumed that this also entailed all third-party contacts.) (I received no contact from Mr. Race, either by telephone or by the mail.)

Week of November 4, 1991 -- I telephoned the office of Malcolm Lassman. His secretary told me that Mr. Lassman was out of the office all week (as he had told me on the afternoon of October 29, 1991). Weeks later I telephoned Mr. Lassman’s office on two different occasions. I left a message on each occasion that I wished to speak with Mr. Lassman about his serving as a job reference for me. On neither occasion did Mr. Lassman991 -- I telephoned the office of Malcolm Lassman. His secretary told me that Mr. Lassman was out of the office all week (as he had told me on the afternoon of October 29, 1991). Weeks later I telephoned Mr. Lassman’s office on two different occasions. I left a message on each occasion that I wished to speak with Mr. Lassman about his serving as a job reference for me. On neither occasion did Mr. Lassman return my calls. During one of my calls I explained that my name was Gary Freedman and that I used to work at the firm. The employee, possibly Mr. Lassman’s secretary said, “I think I remember who you are.”

I did not call David Callet (or Mrs. Callet). I also decided it would be advisable that I not place a call to Moscow.

GF