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Experts: Tough Road For Any Brodkorb Lawsuit

Publication Date: 
February 02, 2012
Source: 
Associated Press
Author: 
Amy Forliti

Professor William B. Gould was interviewed by the Associated Press' Amy Forliti and asked about the wrongful dismissal charges potentially set forth by Michael Brodkorb against the state of Minnesota.

A former legislative staffer who may sue the state for wrongful dismissal faces significant hurdles to collecting any payout.

Michael Brodkorb served as executive assistant to Senate Majority Leader Amy Koch. He was dismissed in December, just one day after Koch resigned her leadership role over an affair with a male staffer. The circumstances of Brodkorb's firing haven't been revealed.

Koch hasn't named the staffer with whom she had the affair. Brodkorb has declined to comment on his firing. His attorneys said they couldn't comment on whether Koch's affair was connected to Brodkorb's termination, though they said she would not be a defendant in any legal proceeding.

...

Bill Gould, a law professor at Stanford University and former chairman of the National Labor Relations Board, agreed with Larson that a signed agreement would be tough for Brodkorb to beat. However, Gould said, a gender discrimination claim would be on different footing. Whether an employee can be fired at will or not, he said, employers can't violate anti-discrimination laws.