“Actually, I said that it concerns the both of you. But yes, in the end, it concerns the firm as well.”
“I’m glad you came by, then,” he said, the drawl and syrupy cadence returning. “We just had a discussion with Maria about the false allegations, as I’m sure you’re aware, and I’m confident that Maria will do what’s right for all involved.”
“You shouldn’t be quite so confident,” Jill countered. “I wanted you two to be the first to know that Maria just informed me that Ken Martenson has been engaging in conduct that any jury would construe as sexual harassment and that she is strongly considering filing a report with the EEOC as a preliminary to filing her own lawsuit.”
“That’s not true!” Ken erupted, the first words Maria had heard him speak all day.
Jill turned toward him, her tone as even as before. “You told her she should try harder to be a team player. That having you in her corner could help her when she came up for partner. And then you groped her.”
“I did no such thing!”
“You touched her inappropriately, on her neck and chest.”
“I… I only touched her shoulder.”
“So you admit to touching her? And keeping your hands on her even though she clearly found it offensive?”
With her words, Ken realized it was probably better to shut his mouth, and he turned toward Barney. If Barney was angered by what Jill had said, he didn’t show it.
“Maria made no claim of sexual harassment in our meeting today, nor in fact has she ever said anything to me in all the months she’s been working here.”
“Why would she? She knew you’d cover for him. Just like before, when the other sexual harassment cases were settled.”
Barney drew a long breath. “I’m sure there’s been some sort of misunderstanding and we’ll be able to work this out amicably. There is no reason to resort to threats.”
“I haven’t resorted to threats. In fact, if anything, you should be thankful that we’re here so you aren’t surprised.”
“I am,” he agreed. “I do think we could discuss the matter more civilly if we take our seats. I would like to hear what Maria has to say.”
“I’m sure you would. We’ll let you read her statement in detail as soon as it’s filed. For now, I’ll speak for her.”
Ken’s eyes went wide, but Barney simply looked at Jill.
“You do understand that you can’t represent Maria for obvious conflict-of-interest reasons?”
“I’m here as her friend.”
“I’m not sure that makes a difference.”
“Then let’s start with this: Both Maria and I will be leaving the firm. We had no intention of informing you of that today, but considering that Maria can additionally make a case for retaliation, I thought it best to get it over with now.”
For the first time, even Barney wasn’t sure what to say. He looked from Jill to Maria and back to Jill. “Did you say you’re both leaving the firm?”
“Yes.”
“Where will you be working?”
“That’s not the issue we’re discussing. Right now, we’re talking about the lawsuit Maria intends to file. We all know that the allegations being made by Lynn and the others are serious, and can you imagine how much more heft their cases will have when Maria comes forward as well?”
“But I didn’t do anything,” Ken mumbled. Barney merely glared at him.
“Do you think anyone will believe that? After everything the others say in court? But of course, it won’t get that far. Everyone in this room knows that you’re going to settle. These cases are almost always settled. I’m not sure I can say the same for Maria. She was pretty upset when she spoke with me. Though I won’t be her counsel on this case, my suspicion is that she may elect to take this as far as it can go.”
Barney straightened his jacket. “I’m assuming that you’re here not simply to inform us in advance that you’re going to file or that you’re leaving. I assume you’re here because you would like to resolve this matter.”