This past week, the sports world was rocked by the news that a
federal judge vacated the suspension of New England Patriots*
quarterback Tom Brady in the fallout over Deflate-gate, Ballghazi,
or whatever puntastic name you have given to the scandal. The
ruling was a major coup for the NFL Players’ Association and
the team, who successfully challenged the authority of NFL
Commissioner Roger Goodell. How Goodell and Brady, one of the
league’s most recognizable faces, move on to do business
together remains to be seen.
Even for companies without the visibility of the NFL, learning
how to move forward with an employee who has beaten the company in
a lawsuit, grievance, or regulatory hearing is crucial to
mitigating risk going forward. The problem is that the filing of
lawsuits and most regulatory actions is protected conduct under
most state and federal laws pertaining to retaliation. Even if a
victorious employee comes back to the workplace with a boastful
spring in
