Johnson & Bell Shareholders, Joseph F. Spitzzeri and Christopher J. Carlos, secured a dismissal of all counts against their municipal client in an employment lawsuit. In this case, plaintiff allegedly made an offensive remark to a female co-worker who considered the remark to possibly constitute sexual harassment. After an internal investigation of the incident, plaintiff was told he would not be returning to work for the employer and was offered a severance package. Plaintiff refused the offer and he was immediately terminated. Plaintiff filed an employment lawsuit, claiming his improper termination violated his procedural due process rights in that he had a constitutionally protected right to his job. In addition, plaintiff claimed his employer retaliated against him when it did not provide an opportunity for the plaintiff to confront the sexual harassment allegation made. Defense successfully argued that plaintiff had no due process rights because he was an at-will employee, who had no legitimate expectation of continued employment. As to the second charge, the defense argued that their client provided a process for the plaintiff to address the sexual harassment allegation, but that plaintiff did not use it. Consequently, the court dismissed all counts.
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