Here’s the scenario:

David Letterman took to his late night talk show in early October to reveal that he had sexual affairs with Late Show staffers and that he was the alleged victim of an extortion plan. He explained that someone threatened to go public with his sexual encounters with staff members if he didn’t pay him over $2 million. Letterman reported the extortion threat to the special prosecution bureau of the Manhattan District Attorney’s office, which conducted an investigation and arrested CBS’s 48 Hours Producer Robert “Joe” Halderman. This saga, filled with lust, betrayal and revenge, continues to unfold as we witnessed Letterman’s public apology to his wife in an attempt soothe the turmoil in this marriage and friends and co-workers of Halderman publicly speculate that he blackmailed Letterman because he was in debt and because Letterman upset him by sleeping with his girlfriend, Stephanie Birkitt.

Our thoughts*:

Although David Letterman is the star of the Late Show, we can’t assume that he clearly abused the power of his position and celebrity to have sexual relations with Late Show staff members. Stephanie Birkitt, Letterman’s former assistant, is the only one staffer whose name has gone public. Although employers may frown upon relationships in the workplace, the truth is that they sometimes happen. If Letterman and Birkitt met at a bar and pursued a sexual relationship as two consenting adults, then this story wouldn’t be as salacious as it is now. The controversy lies in the fact that Letterman had sexual encounters with staff members. Does the nature of a sexual relationship between two consenting adults apply to the workplace?

CBS has not addressed any questions about whether or not Letterman will face any disciplinary actions for his relations with subordinates. One major loophole that could work in Letterman’s favor is that he is an employee of Worldwide Pants Production Company and not CBS. Outside of opting to let Letterman go, CBS may not have the contractual power to reprimand Letterman. Ratings for the Late Show have spiked since David Letterman’s confession about the sexual affairs and the extortion case; moreover, knowing how the world of entertainment can work, CBS may decide to milk the controversy for as much as its worth.

What do you think?

Letterman is able to “skirt” conventional corporate – and in this instance, CBS guidelines – relating to office policies about romances and relationships between managers and employees because there was no extraordinary consideration, influence, or promise that was given to Ms. Birkitt in exchange for the sexual liaisons. Do you think Letterman deserves any repercussions for his indiscretions in the workplace?

Posted by Adrienne on October 16, 2009 at 12:00 pm.

* Our in house attorneys helped us formulate this opinion. Although this is advice from lawyer(s), this is not legal advice. Always consult a lawyer for legal matters.

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