Privilege Covers In-House Lawyer’s (and Non-Lawyers’) Review of Employee-Termination Decision

In an employment-discrimination case, the SDNY ruled that the attorney–client privilege precluded depositions of a company’s Termination Review Committee members, which included an in-house lawyer.  The privilege applied even though the Committee included two non-lawyers.  Fletcher v. ABM Building Value, 2017 WL 1536059 (SDNY Apr. 18, 2017).  You may read the decision here.

Background

ABM Building Value maintains a committee—ominously named the “Termination Review Committee”—that evaluates managers’ employee-termination decisions before the company carries out a termination. Following its review, the TRC, composed of one in-house lawyer and two non-lawyers, provides the company with advice concerning any risks associated with the termination. More…