Media Mentions

May 31, 2009

Brian Ashe Quoted in Business Insurance
“Layoffs May Spark Defamation Suits – Liabilities May Arise From Job References, Online Comments”

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Brian Ashe was quoted in the May 31, 2009 Business Insurance article, “Layoffs May Spark Defamation Suits – Liabilities May Arise From Job References, Online Comments.” The article discussed the likelihood of increased defamation claims filed against employers from laid-off workers seeking financial relief. According to the article, management should be careful when communicating information about terminated employees both verbally and through email correspondence. Brian recommended, “Get in-house counsel or qualified outside employment counsel directly involved from the beginning of the (layoff) process, so all the deliberations and decisions as to who goes and who stays can be sufficiently cloaked in the attorney-client privilege.” Brian also noted that management “can talk honestly... and not fear those comments will come out and be used against them later. It's a much safer way to approach termination decisions generally and (reductions in force) in particular.”