McConnell

SUMMARY

Two talent agents filed separate lawsuits against the agency that employed them, asserting their employment contracts contained provisions illegal under California law, and seeking a declaration that they had the right to terminate the agreements at will. The following day, the employer responded by having the two agents escorted from the company’s office, and by delivering letters to them “temporarily” modifying their job duties and, among other things, instructing them not to come to the office, not to use company e-mail, not to attend any client or industry functions, not to have telephone conversations or communications with clients or other employees, and so on. The next day, the agents’ lawyers wrote to the employer, asserting that its conduct constituted constructive termination; the same day, press reports appeared online stating the two agents had launched a new talent agency. The day after that, the employer formally terminated the employment of the two talent agents.

A few weeks later, the agents amended their lawsuits to include causes of action for retaliation and wrongful termination, based on the employer’s conduct the day after their lawsuits…