Is It “Disparaging” To Say “Karma Is A Bi**H”?

Constangy, Brooks, Smith & Prophete, LLP
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Riddle me this:

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement.

About nine years later, boss becomes an internet pariah for allegedly poaching a beautiful and beloved lion in Zimbabwe. Somebody in the media finds out about the sexual harassment settlement (how’d they do that, if it was confidential?). Media rep contacts ex-employee, who says that her lawyer has told her she can’t talk about the settlement, but . . .!

She does say this:

“You know I only keep in contact with a couple of people there [at boss’s office] and neither of them really want to be part of this . . .. They don’t want to be a part of who he’s become.”

“I have actually already been told by my lawyer that I can’t say anything.”

“This is huge isn’t it? It’s amazing how big this has become. Karma is a bitch – that’s all I have to say.”

If the boss ever comes out of hiding, can he sue his ex-employee to get his $127,500 back?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Constangy, Brooks, Smith & Prophete, LLP

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