Articles - Compliance and Legal

Yesterday, CBS finally pulled the plug on Charlie Sheen. I go back and forth whether he’s legitimately off his rocker, or he’s pulling off a calculated publicity stunt. Either way, CBS had enough and officially terminated him.

TMZ published CBS’s 21-page termination letter [pdf].

Sheen’s agreement provides for termination in the event of “Incapacity,” including “mental disabilities, which due to the unique nature of Performer’s Obligations, are not subject to reasonable accommodation and which render Performer unable to perform the essential duties of Performer’s position.” Here’s how CBS’s lawyers discussed the touchy issue of terminating an employee with an apparent mental illness.

The facts establish that there was a serious material change in Mr. Sheen’s attributes that rendered him unwilling or unable to perform his essential duties. As the lead actor in a successful television comedy, Mr. Sheen’s essential duties encompass more than just showing up and delivering lines. One essential duty is working cooperatively and creatively with the other persons critical to the production. Mr. Sheen went from an actor who performed those duties to an individual whose self-destructive conduct resulted in his hospitalization, his inability to work at all for a period and the rapid erosion of the cooperative and creative process necessary to produce the Show. Indeed,

Mr. Sheen’s shocking behavior has continued since production was halted, further confirming such incapacity and/or a serious health condition.

CBS disposed of the contractual argument, but has it opened itself up to a claim under the ADA?

The ADA (as amended by the ADA Amendments Act), not only covers employees with actual disabilities, but also employees that an employer “regards as” disabled. There is no doubt from reading the termination letter that CBS fired Sheen because it “regarded him” as having a mental impairment. The legality of this termination under the ADA will hinge on whether Sheen is a “qualified individual”—that is, can he perform the essential functions of his position with or without reasonable accommodation. CBS clearly believes the answer is “no.”

Given the amount of money at stake, a court or arbitrator will have the final say. I suspect, however, that given Sheen’s public tirades about his boss, coupled with his public displays of incoherence (real or calculated), he is going to have a tough row to hoe in litigation.

Presented by: www.ohioemployerlawblog.com.

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BIOGRAPHY

Jon Hyman joined Cleveland-based Kohrman Jackson & Krantz in 2006. Prior to joining KJK, Jon developed nearly a decade of experience in innumerable litigation matters. He primarily concentrates his practice in the representation of companies in employment disputes, including litigation with terminated employees and disputes over trade secrets and non-competition agreements. He supplements his employment practice with complex commercial matters, such as fiduciary and shareholder litigation. His representation extends beyond the courtroom, into various state and federal administrative agencies.

Complementing his litigation practice, Jon also extensively advises individuals and companies on a wide-range of employment, human relations, and litigation issues. This role frequently requires Jon’s service as an author and speaker on myriad employment-related issues. In the last several years, he has written and spoken on topics ranging from social media, preventing and investigating sexual harassment, other forms of employment discrimination, the Family Medical Leave Act, wage and hour laws, and corporate document retention.

Jon is admitted to practice in the State of Ohio, in addition to the United States Court of Appeals for the Sixth Circuit, the United States District Courts for the Northern District of Ohio, Southern District of Ohio, the Northern District of Oklahoma, and Northern District of Illinois, and the United States Bankruptcy Court for the Northern District of Ohio.

Jon is the author of the Ohio Employer’s Law Blog, where he writes daily on areas of interest to employers doing business in the State of Ohio and beyond. The blog is located at  http://www.ohioemployerlawblog.com. You can also find Jon commenting on employment law issues on Twitter (@jonhyman) and on the Facebook Page for his blog. 

Jon has also been extensively quoted in the local and national media on employment matters, including recent interviews in the Wall Street Journal, National Law Journal, Business Insurance Magazine, Crain’s Cleveland Business, Inside Counsel, and Lawyer’s USA. Jon also serves as a contributing editor to Business Management Daily, and is the editor of its HR Specialist Ohio Employment Law Newsletter.

Superlawyers named Jon an Ohio Rising Star in the area of Employment Law for 2007, 2009, 2010, and 2011.

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