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Don't Let An Ex-Employee Sabotage Your Case

By Peter J. McHugh and Susan P. Mahon

As we saw on the “Sopranos” season finale, Johnny Sack was ratted out by a member of his own family, which led to his arrest by the FBI. While the role of an informer or “rat” makes for a good story line on a TV show, it is a reality in the world of trial lawyers, not only in high-profile criminal cases, but also in many civil cases, commercial or otherwise.

With the instability in the corporate world today, employees ' both managerial and not ' are changing jobs or being laid off routinely. The employee who spends his entire career with one company is clearly now the exception, not the rule. Gone too is the concept of “loyalty up ' loyalty down.” Corporations today can no longer afford to show their appreciation to long-term employees, as was the case a generation ago. In return, corporate employees do not reciprocate the same loyalty as they did in years past. This article discusses some strategies for dealing with the possibility of a hostile former employee sabotaging your otherwise valid claim or defense.

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