Ryan Lizza Should Sue The New Yorker For Wrongful Termination

As you may know, The New Yorker fired its D.C. correspondent Ryan Lizza amid an allegation of sexual misconduct. Per The New York Times:

"The New Yorker recently learned that Ryan Lizza engaged in what we believe was improper sexual conduct," a spokeswoman said in a statement. "We have reviewed the matter and, as a result, have severed ties with Lizza. Due to a request for privacy, we are not commenting further."

Mr. Lizza rejected The New Yorker's characterization of events, but both the magazine and Douglas H. Wigdor, a lawyer representing the woman accusing him of misconduct, said it was accurate.

In a statement, Mr. Lizza said the company's decision to fire him "was made hastily and without a full investigation of relevant facts" and "was a terrible mistake."

"I am dismayed The New Yorker has decided to characterize a respectful relationship with a woman I dated as somehow inappropriate," he said via e-mail. "The New Yorker was unable to cite any company policy that was violated."

Mr. Wigdor, who has filed at least 11 lawsuits against Fox News this year for defamation, sexual harassment and racial discrimination, said in a statement that "in no way did Mr. Lizza's misconduct constitute a 'respectful relationship' as he has now tried to characterize it."

"Our client reported Mr. Lizza's actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims," Mr. Wigdor said. His client has decided to remain anonymous, he added.

I think Lizza ought to sue The New Yorker for wrongful dismissal. If Lizza is correct to say The New Yorker did not conduct a proper investigation of the matter and improperly terminated him then his only recourse is to go to court. As it stands now, with all the sensationalism surrounding sexual misconduct allegations against a multitude of public figures and now being associated with these figures including Harvey Weinstein, what journalistic entity would hire Lizza? By virtue of his firing, his reputation is in ruins. Going to court is his only recourse in restoring that reputation.

Of course, filing a lawsuit isn't so simple. Aside from the financial costs associated, there is the discovery process including depositions. And that's before we even get to trial (assuming a settlement isn't reached). If it does go to trial, given the circumstances of Lizza's firing, a lot of dirty laundry is going to be aired. Even if the conduct in question isn't illegal and demonstrates no sexual misconduct on the part of Lizza, there will undoubtedly be embarrassing details of his private life that will be shown to the entire world. But if it does go to trial there's a good chance Lizza will get to confront his accuser although I'm sure Wigdor will move heaven and earth to maintain her anonymity. But her right to anonymity does not outweigh Lizza's right to his day in court.

If Lizza were to prevail in court it would not only restore his public reputation, but it would help provide sober second thought to the topic of sexual misconduct and restore some sanity to our public discourse on the subject. Of course, those who allege sexual misconduct must be heard. Aside from taking the life of another, rape is the most heinous thing one person can do to another. Just as people are wrongly accused of murder, people are also wrongly accused of rape and sexual assault. The right to be heard does not give license to lie and slander nor does it change the fact that there are two sides to every story. Just because someone makes an accusation doesn't mean its true and no one should be deprived of their livelihood on an accusation without definitive collaboration.

The ball is now in Lizza's court.