Fire, Suspend or Wait and See?... Isiah Thomas Harassment Trial Edition....
Recently we started what is sure to become an recurring feature on The Capitalist - "Fire, Suspend or Wait and See?". The goal? To make the right call with an employee facing legal issues, maximizing the company's interest while being an advocate (to the extent you can) for the employee.
Former NBA All-Star and current New York Knicks executive Isiah Thomas is on the ropes in a widely publicized harassment trial, brought against him and the Knicks by a former female exec who alleges Thomas used the "B" and the "H" word towards her, and then said he loved her. Check out some of the details here. As supplemental materials, check out the two videos appearing below:
First - follow this link to the deposition of Thomas..
Second - check out the CNN report appearing below...
What's your savvy HR call? Fire, Suspend or Wait and See?
Although I wouldn't fire him in the middle of a trial, I think Mr. Thomas will be in the unemployment line at the end of the proceedings. His credibility is gone as demonstrated in his media interviews and video deposition.
He fell into the all to familiar "I never trap". If you become a critical witness in a trial and you are asked whether you ever used a particular phrase or word, my advise is never say "never". The opposition will find someone who heard you say it or saw you do it and there goes your credibility.
The legal landscape is littered with witnesses who didn't get this point in there deposition or trial preparation. These are unfortunate comparisions, but Mark Furman never used a racial slur; Bill Clinton never had sexual relations with that women; and Pete Rose never bet on baseball.
Posted by: Michael Moore | September 21, 2007 at 09:11 PM
Michael -
Thanks for the notes on what you saw in the deposition - like your take on the "never" trap. So true....
I would have suspended a long time ago pending the outcome of the investigation. The problem, as you noted in the earlier post, is that since Thomas is an executive, no real investigation was ever completed internally. So here we are...
Although you and I would both make the move, the wild card for Thomas in real life is the owner, Dolan. He's said he made the decision to fire the woman alone. Pride will likely keep Thomas employed this year as Dolan shows the world he can do what he wants...
KD
Posted by: Kris | September 22, 2007 at 08:07 AM