Just a relatively short comment regarding the Scott Pelley debacle at CBS. Regardless of how you feel about Mr. Pelley's criticisms of his management or his performance on 60 Minutes, this situation is a clear demonstration of one of the fundamental principles of employment relationships and also a demonstration of what I consider to be an iron law of employment legal advice.
A quick summary-Scott Pelley decided to take his complaints about CBS management to an employee town hall meeting, where he confronted his immediate supervisor and called the CBS News editor-in-chief, Bari Weiss, unqualified, and his immediate supervisor barely qualified. He wrapped his very public criticism in the words “you'll never be welcome here,” directed at his immediate supervisor. CBS fired Pelley for cause shortly thereafter.
Pelly's conduct was clear, direct, intentional insubordination; an open and personal denigration of management made in front of other employees. Under these circumstances, CBS had every right (and based on its relationship with its owner, an obligation) to terminate Pelley's contract. That's the fundamental principle being demonstrated.
The iron law of employment advice is a little more nuanced. But it goes something like this-when you have a troublesome employee that you would like to get rid of, whose performance doesn't provide you with a clear basis for termination under the terms of his contract or otherwise, who gives you a drop-dead, bona fide, unrelated-to-anything-else, reason to fire him, take it. And take it immediately. Do not perseverate, do not pass Go, do not investigate any further than necessary to establish a good faith belief that the conduct occurred. You, as an employer, have been given a gift-a reason to get rid of this person that is unlinked to any dubious basis and that provides a complete challenge to any allegations of discrimination or otherwise wrongful discharge.
That's what CBS did, and from a legal perspective, it was the smart thing to do.
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