Reply to Lively/Baldoni Lawsuit Part 2

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Reply to "Lively/Baldoni Lawsuit Part 2"

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[quote=Anonymous]The retaliation is only actionable if tied to protected activity (SH) and WF makes a compelling argument that the conduct does not meet the conditions of SH, and even if it did, the 9 mos between the alleged SH and the retaliation was too long to assume connection, and even if it weren’t, there were intervening factors that break the causal link (her taking control of the movie etc). If the judge accepts any of these arguments the retaliation claim is done as far as employment law is concerned.

Blake takes a second shot at retaliation under contract law. However Wayfarer argues she never signed her contract, it wasn’t assumed in place because they all moved forward with the movie (which some have argued) and that they were actually operating from and paying her under her offer letter. Apparently nothing that happened was a breach of the offer letter. Should the judge find the unsigned contract is enforceable, the contract terms required lively to give WF notice and 30 days to cure the issue (I think that’s basically a mediation clause). She instead asked for an immediate right to sue and filed the lawsuit 4 days later. So even if the contract was enforceable and even if it were breached by WF, she did not take the steps required by the contract to remedy disputes.

Curious, to see what Blake responds with b/c it seems like a lot of this could get kicked pre trial.[/quote]

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