Faculty in the News
In the News
Employment law
Publication date: Nov. 1, 2009
Source: Salina Journal
Author: David Clouston
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A Salina Journal article on a wrongful termination lawsuit filed by a former Salina Housing Authority employee, who claims she was fired because she refused the advances of the city's former mayor and city commissioner, quoted KU Law professor Elinor Schroeder.
The Journal wrote:
It isn't your usual Cat's Paw theory when the mayor is one of several figures involved in the decision-making process," said Elinor P. Schroeder, professor of employment and labor law at the University of Kansas School of Law in Lawrence.
In the reverse, how hard is it to countersue with an allegation that the original lawsuit is frivolous?
"It's a pretty high bar," Schroeder said. "It has to be shown that the (action) was frivolously brought in bad faith -- that the plaintiff is pursing the action knowing there was no basis for it. That's very hard to show, as a practical manner."