Last month, Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. Facing a PR crisis Duncey’s board of directors called an emergency meeting. The board implemented its crisis plan, issued a statement condemning driving while intoxicated, suspended Duncey, ordered him to attend rehabilitation, and made a $100,000 donation to MADD.
While the company survived the initial PR crisis, its bottom line did not. Retail sales during the following quarter were down 20%. One of the company’s major commercial customers also terminated its contract that produced $3 million in revenue annually. To make matters worse, the board’s private investigator discovered that Duncey had previously been arrested for DWI three years earlier while on vacation in another state, but had managed to keep it quiet. Does the company have any legal remedies against Duncey on top of terminating him? Should the company seek those remedies?