The Chick Is Hopeless!

Thus emailed a business owner to her partner about an employee with attention deficit hyperactivity disorder (“ADHD”) – just before firing her, according to a newly filed complaint in Manhattan.

Social, Social Networks

The emailer apparently included the employee on the emails, presumably by mistake.

The employee claims that a year after her hiring, and the month that she was given a $12,000 bonus, she told another employee that she suffered from ADHD.  The damning emails between the two partners (both women) followed,  one of which, in discussing the employee’s disability, stated:

“This just shows you how much more empathetic YOU are than I!! I wasn’t suggesting we should be more sensitive . . . I was thinking . . . THE CHICK IS HOPELESS!”

The employer says that the claims are baseless and that the employee was fired for performance reasons.

Would you want to take this case to trial, assuming that the allegations are true?  Oy vey!

Takeaway:   The employee’s attorney was quoted in the local paper as saying that “It is rare, in this day and age, to find a smoking gun where an employer actually documents its blatantly unlawful conduct.”

Let’s leave this as the takeaway.


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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]