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Reed Smith finds itself defending against a lawsuit from a former attorney, Aaron Chase, who alleges the firm fired him in violation of the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. The lawsuit also says Chase is looking to amend the complaint to add claims of discrimination under the Americans with Disabilities Act.
The complaint, which in addition to the firm names co-chairs of the firm’s global regulatory enforcement group, Michael Lowell and Jennifer Achilles, as defendants, alleges Chase was retaliated against after suffering a concussion on vacation in September 2019. As reported by Law.com, Chase alleges that while suffering from the ramifications of the concussion in October 2019, Achilles brought up an error that he made on a case. She also is alleged to have brought up previous mistakes that Chase says she never mentioned prior to suffering from the concussion:
Chase responded to the criticism by stating he didn’t believe the error would have occurred without having suffered the concussion, to which Achilles allegedly said “It’s unfortunate that the thing that broke the camel’s back happened while you are suffering from a concussion, but you did basically the same thing a few months ago, so I don’t think it was the result of the concussion,” according to the filing.
The complaint alleges that shortly after that conversation, Achilles said she no longer wanted to work with Chase, and suggested he find work with other partners.
Chase took leave under the FMLA from October 24, 2019, to February 27, 2020. He says he was removed from his cases while on leave, and when he returned to work, had a difficult time finding assignments. According to the complaint, the October performance issue was never mentioned to Chase again… that is until he was terminated on May 8th. Chase is seeking compensation for past and future earnings, as well as punitive damages.
The firm denies the charges in the complaint, saying:
“Mr. Chase’s allegations are unfounded, and we intend to defend this case vigorously. Reed Smith routinely makes personnel decisions as we evaluate performance and productivity across the firm. We invest a great deal in all of our talent so they can be successful in supporting our clients and in pursuing their own professional goals.”
While plaintiff’s attorney, Lawrence Pearson of Wigdor, also had a statement on the lawsuit:
“By removing Mr. Chase from all of his cases before he returned from a protected medical leave, then failing to reintegrate him into the practice upon his return — which the firm’s own policies call for — Reed Smith has made its discriminatory animus crystal clear. We look forward to working to vindicate Mr. Chase’s rights in court.”
You can read the full complaint below.