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Opinion: Donald Trump, as CEO of the U.S., Gets an ‘F’ from Management Experts, MarketWatch, ft. Ellen Storch

Posted May 22, 2017

Ellen Storch, partner at Kaufman Dolowich & Voluck on Long Island, was quoted in an article written by Brett Arends, published in MarketWatch, on the firing method used on Director Comey on May 11, 2017.

Republicans like to say they want to run the government like a business.

But if you fire a senior manager in business the way Donald Trump fired James Comey, you’ll likely face a lawsuit, a stockholder panic, and independent investigations from the board and possibly regulators.

That’s the verdict from management and legal experts contacted this week.

Ellen Storch, a partner at the New York law firm of Kaufman Dolowich Voluck, says that in the private sector a senior employee dismissed like that might have good grounds to sue.

“If an employer terminates an employee in a way that is clearly intended to embarrass the employee,” she says, “depending upon the jurisdiction, the employee may have a legal claim arising out of the method of termination. The claim is one for negligent or intentional infliction of emotional distress.”

She added that humiliating an employee in this way generally makes it much more likely that they will sue.

Storch represents management in labor disputes. When I asked her for the “pros and cons” of firing people like this, she replied: “There are no ‘pros’ whatsoever.”

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