Believe it or not, until very recently New York’s federal courts hadn’t ruled squarely on a big issue for employers: Can a company being probed for potential wrongdoing legally fire employees because they refuse to cooperate with an internal investigation?
A judge in Manhattan concluded late last month that the answer is yes, at least in the case of a pair of former Marsh & McLennan Companies Inc. executives who were implicated in a criminal bid-rigging investigation. As we reported, Weil, Gotshal & Manges deflected the ex-employees lawsuit on Jan. 26, persuading U.S. District Judge J. Paul Oetken that Marsh was in the clear to fire William Gilman and Edward McNenney Jr. in 2004.
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