When Even Lawyers Get Employment Law Wrong: What Chance Do You Have?

May 14

Let’s talk about a real-life legal drama hotter than anything Netflix has on offer. In Andrea Jaye Mosby v. Reaves Law Firm PLLC, a personal injury law firm, yes, a firm run by lawyers walked headfirst into a $3.27 million retaliation claim.

They had policies. They hired a Chief People Officer with 27 years of HR and employment law experience, brought in specifically to keep them compliant and out of trouble. And yet… they walked straight into a legal disaster they should have seen coming from a mile away.

My first thought? Did they really believe the law didn’t apply to them?

But here’s where it gets painfully typical. The CPO actually did her job. She flagged the pay disparity. She called out the FLSA misclassification risk. She held up a giant, flashing compliance warning sign and said, “Hey, we’ve got a problem here!”

And how did leadership respond? Cue the classic playbook:

Accuse her of being “disloyal.”
Demote her.
Fire her.
And, of course, blame it all on her “performance.”

We’ve seen this movie before, haven’t we? Employers love the idea of compliance—until someone actually tries to enforce it. Turns out, they didn’t want a Chief People Officer. They wanted a Chief Stay Quiet and Smile Officer.

Here’s the cold truth: Superficial compliance doesn’t work. You can parade policies all day long, but if you’re not backing them up with leadership accountability and a genuine commitment to doing the right thing, it’s just window dressing. And as Reaves Law Firm is now learning…the window just shattered, and everyone’s watching.

Cue the McDonnell Douglas Framework—A Legal Plot Twist You Need to Understand

This is the legal test that separates genuine business decisions from retaliation cover-ups. And spoiler alert: The Reaves Law Firm failed it spectacularly.

Did the Employee Engage in Protected Activity?

Oh, she absolutely did. Mosby raised concerns about gender pay disparities (“You’re paying the new male attorney $85K while the woman doing the same job makes $65K?”) and flagged FLSA misclassification issues.

That’s textbook protected activity—and honestly, we don’t need a room full of lawyers to figure that one out!

Was There a Materially Adverse Action?

Absolutely. Within weeks, Mosby was demoted, sidelined with a meaningless “rotation plan,” and shown the door.

Here’s the lesson: If you’re going to bring in experienced HR leadership, let them lead. Don’t shut them down when they point out uncomfortable truths. That’s literally their job—to protect you from exactly this kind of mess.

And when you do the right thing early—address pay gaps, fix misclassifications, provide real training—you don’t end up spending years in court or writing seven-figure checks.

Doing the right thing isn’t just the ethical choice, it’s the smart business move. And look… it saves you money!

Was There a Causal Connection?

The timeline didn’t just suggest a connection—it screamed it. No documented deadlines. No legitimate reasons. Just the tired “performance issue” story rolled out after she raised red flags. This is where good HR advice really shows its value. With the right support, you avoid falling back on excuses that collapse under legal scrutiny.

It’s not about living in fear of lawsuits. It’s about building a workplace that makes them unnecessary and defendable if they happen.

That’s exactly what our Rory service at Lomond Legal delivers: real policies, real training, real leadership guidance—keeping you safe, compliant, and free to focus on growing your business.

And when things do get tough? We stay right beside you—no hourly billing, no surprise invoices. Just real support when you need it most.

All the more reason to see the value in HR law done right… don’t you think? (A little sarcasm never hurt anyone, right?)

Let’s Be Real—Here’s Where They Completely Blew It:

No documented training for all staff (AFTER hiring a Chief People Officer!).
That “transition plan”? Pure fiction.
Leadership made statements that sounded like the Claimant’s closing argument.

What You Should Be Doing Instead (Yes, This is Your Action Plan):

Have a harassment and retaliation policy? Great. Now actually train people on it.
Train both managers AND front-line staff. “We haven’t gotten to that yet…” doesn’t work in court.
Document everything—meetings, investigations, protective measures.
Don’t just react—implement protective measures the moment an issue arises.
And above all, make sure your leadership understands that compliance isn’t a checkbox—it’s common sense.

Or… let Rory handle it.

At Lomond Legal, we don’t churn out cookie-cutter policies just to tick a box—we read the room.

Our solutions are tailored to your real working environment, based on how your people operate every day. We don’t just advise; we train, guide, develop, motivate, push, persuade, champion, and back your leadership when it really matters.

We’re here to make your team stronger, your risks smaller, and your workplace safer and more productive.

With Rory, you don’t just get policies—you get real-time, fixed-cost, unlimited HR and legal support. No deductibles. No hidden costs. And definitely no panicked late-night Google searches when something goes wrong.

Because when you’ve got Rory, you’ve got this handled.

From harassment prevention training to legally compliant grievance handling, we cover the risks the Reaves Law Firm missed. And trust us—it’s a lot cheaper than a $3 million verdict.

Ready to protect your business the smart way? Join Team Lomond and collaborate with us. Because the only drama you should be dealing with is whether to watch one more episode on Netflix tonight.

julie Barnett