Most Read
    Image 01 Image 02 Image 03

    Cain, the saga continues, and $35k is no biggie (Updates added)

    Cain, the saga continues, and $35k is no biggie (Updates added)

    Barring something truly earthshaking warranting a separate post, I’ll be updating the Herman Cain story today in this post.

    The NY Times reports that one of Cain’s accusers received a year’s severance, $35,000, but that there were issues in addition to Cain that made her uncomfortable working at the National Restaurant Association:

    Four people with contemporaneous knowledge of the encounter said it had taken place in the context of a work outing during which there had been heavy drinking — a hallmark, they said, of outings with an organization that represents the hospitality industry. They spoke on condition of anonymity to avoid being publicly drawn into the dispute, and declined to provide details of the encounter, saying they did not want to violate the privacy of the woman.

    Two of them said that other factors had been involved in her severance, and that other workplace issues had been making her unhappy at the association as well. But they said the encounter with Mr. Cain had added an emotional charge and contributed to the size of her payment. One former colleague familiar with the details said such a severance was not common, especially for an employee with the woman’s relatively short tenure and her pay grade

    Some people are acting like a $35,000 severance payment is a big deal.  Trust me, it’s not.  It’s less than the cost of defense of a case, and it avoids distractions and publicity which even a weak or false claim can bring.  Some large companies will fight these claims even if the cost of defense exceeds a possible settlement, because the company wants to send a message to the workforce that you can’t just make a claim and get a check.  But most smaller companies, and certainly a trade organization which needs good publicity, will settle quickly and quietly.  I read nothing incriminating into a $35,000 severance agreement with an employee who also had other gripes with the company in addition to the as-yet unspecified issue with Herman Cain.

    One of the accusers, not clear if it’s the woman referenced in The Times article, also wants to go public.  I agree with Robert Stacy McCain, get it all out there.

    The way Politico dribbled out the story, admittedly holding back facts and sources, was meant to keep the issue alive and keep Cain in the headlines as long as possible.  In fact, I’ll go one step further and say that Politico structured the story in such a way that the accusers would be outed and come forward, with Politico receiving the glory for the scoop but not the blame for causing the women to breach their confidentiality agreements.

    Updates:  Let’s hope this is not true, Oklahoma Consultant Claims He Witnessed Cain Harassment (h/t @CharlieSykes):

    Oklahoma political consultant Chris Wilson says if the woman behind the reported  sexual harassment complaint against GOP Presidential hopeful Herman Cain is  allowed to speak publicly, it’ll be the end of Cain’s run for the White House.


    Donations tax deductible
    to the full extent allowed by law.


    myveryownpointofview | November 2, 2011 at 6:34 pm

    The Professor should correct me if I am mistaken, but I thought most “confidentiality agreements” are signed with the understanding that the person “accused” does not actually admit to any wrongdoing.

    So, Cain would not have to ADMIT to, or even be found to have done anything wrong, because there would be no finding of “wrongdoing” or “guilt” or what have you – as part of the agreement to a fast cash settlement.

    Harassment cases are not that easy to bring. Twelve years ago they were a bit different than now, and I think each state has specific rules as to what qualifies. Most attorneys don’t want to touch them unless you have credible witnesses who are willing to go on record.

    […] a $35,000 severance is no biggie, and not evidence of guilt.  Back when Erick Erickson was a lawyer, he handled several sexual […]

    Leave a Comment

    Leave a Reply

    You must be logged in to post a comment.

    Notify me of followup comments via e-mail (or subscribe without commenting.)

    Font Resize
    Contrast Mode
    Send this to a friend