Maxine Neuhauser, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm’s Newark office, was quoted by Law360, in “5 Dos and Don’ts for Employers After NJ’s Ethicon Ruling.” (Read full version – subscription required.)
Following is an excerpt:
One striking element of the Lippman case has been the weaknesses that seem to surround Ethicon’s stated reason for firing its former vice president of medical affairs and chief medical officer, according to Maxine Neuhauser, a member of Epstein Becker Green.
For example, it doesn’t appear that J&J had any policy prohibiting the kind of consensual romantic relationship at issue, Neuhauser said. Former Ethicon Chairwoman Sherilyn S. McCoy couldn’t recall any such policy as part of her deposition testimony on why Lippman was terminated, according to the New Jersey Supreme Court’s opinion.
“It is difficult to rely on unwritten policies,” Neuhauser said. “If managers are prohibited from having undisclosed romantic relationships with individuals in their chain of command, put it in writing.”