Commentary: When Legal Sense Trumps Practical Sense

, Texas Lawyer


In the "Alice in Wonderland" world of employment law, one of the hard parts of an in-house lawyer's job is telling an internal client that something that makes zero practical sense makes complete legal sense, says Michael P. Maslanka. For example, an employee may be able to turn over confidential company information and then prevail against that same company in an anti-retaliation or wrongful-discharge suit. Have courts really made such decisions? The answer is yes, many times.

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