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GOULD ON LABOR OPINIONS 2013 In Review BY ANDREW GOULD I WILL remember 2013 for a variety of events, ranging from good to annoying to foolish to nostalgic. But for my money, the following individuals deserve every bit as much recognition. Each person illustrates how employees are all uniquely different and above all else, how diverse and challenging the business of managing employees is. Aaron Hernandez, formerly of the New England Patriots: New England Patriots' tight end Aaron Hernandez traded in his No. 81 jersey for handcuffs and shackles as inmate No. 174954. Hernandez had a storied high school and college football career and looked set to continue that in the NFL until his arrest in the death of his friend Odin Lloyd. Accusations of gun-running and drug use might emerge in the trial, set for 2015. From an employment standpoint, his involvement in this sordid matter prompted an immediate dismissal. Was it permissible? Are there laws protecting an accused prior to conviction? Sure, but the Patriots wanted no part of this or him and it is diffcult to argue with their decision. Paula Deen, formerly of the Food Network: The jovial Southern charm of celebrity chef Paula Deen earned her a following that was tested by revelations in a racial discrimination and sexual harassment lawsuit fled by a former employee against Deen and her brother. They settled in August, but not before the Food Network dropped Deen, and after a deposition revealed she implicitly condoned racially charged language. Owners and managers occasionally become friendly and very close with their employees. But relationships can sour and the totallyoptical.com words and actions said to a supposed friend can and will be used against you. Jonathan Martin, Miami Dolphins (status unclear): This 6 ft. 5in., 312-lb. offensive tackle for the Miami Dolphins reported racial harassment and bullying by teammates leading to a full-blown investigation. He might have breached the unwritten rules of professional athletics by revealing what goes on between teammates, but the laws that govern employment relationships apply to everyone. Mike Rice, former Rutgers Basketball coach: Due to a viral video, Coach Rice's aggressive coaching style cost him his job and reputation, and badly tarnished the Rutgers basketball program. The facts surrounding Rice reveal at least two important lessons. One, social media and the availability of video recording on phones means just about everyone's actions can be captured at just about any time. Two, when conducting an investigation, evaluate all options. There, the school investigated the allegations of bullying but decided not to terminate Rice. If you think I've missed anyone and/ or would like to share your thoughts, please contact me at the email address below. Have a great year! This column is not considered legal advice but solely the opinion of the author. Andrew M. Gould is a labor and employment attorney board certifed by the Texas Board of Legal Specialization and a partner with the law frm of Wick Phillips Gould & Martin LLP You can email him at . andrew.gould@wickphillips.com. january 2014 3