As Behavioral Analysis Unit chief Aaron Hotchner on the CBS drama “Criminal Minds,” Thomas Gibson worked on hundreds of cases.
But the Case of the Wrongful Termination is one that the real-life Gibson might think twice about taking on.
The actor, who was fired from the procedural series after more than a decade last week after reportedly kicking a writer while directing an episode, has hired litigator Skip Miller, in a possible precursor to a lawsuit against his former employers. But according to Devin McRae, an entertainment litigator with Early, Sullivan, Wright, Gizer & McRae, Gibson will have a steep uphill battle against him if he takes up a civil case against CBS and/or the show’s producers.
Also Read: Inside Thomas Gibson's 'Criminal Minds' Downfall: A Timeline
“I think he’s gonna have a tough time,” McRae told TheWrap. “Normally there is quite a bit of language in these acting agreements that would give the right to the producer or network to terminate the actor.”
Physically attacking a coworker would seem to be pretty high on the list of fireable offenses. Even so, actors have mounted civil cases against their former employers after being canned in the past.
Charlie Sheen went after Warner Bros. Television after he was axed from the CBS comedy “Two and a Half Men” in 2011, following a marathon of erratic behavior on the actor’s part. Sheen argued, in part, that Warner Bros. was happy to employ Sheen even as he was undergoing rehab treatment, was the subject of numerous tabloid stories, and was facing a potential felony conviction.
Also Read: 'Criminal Minds' Vet Shemar Moore Preaches After Thomas Gibson's Firing: 'I Believe in Karma' (Video)
McRae doesn’t foresee a similar argument flying in this case.
“I think it would be a lot harder for Gibson to do that here, given the conduct at issue,” McRae said. “What’s he gonna say — ‘I was kicking people before, and they were happy to employ me then, so how can they terminate me now?’ I think it’s hard to go that route when you’re dealing with physical harassment or violence to your coworkers.”
“And then, you know, what’s he gonna say is the real reason they fired him?” McRae added. “Because it looks like the real reason they fired him is because he kicked the writer.”
Even so, McRae said, a lawsuit against CBS or the series’ producers doesn’t amount to an automatic loss for Gibson.
Also Read: Thomas Gibson Responds to 'Criminal Minds' Firing
“There might be facts that we’re not aware of,” McRae said. “Who knows what language they relied on in terminating him?”
“But generally these types of agreements have a lot of language that would allow somebody to terminate the actor for doing something like was alleged here,” he added.
Asked what type of potential arguments Gibson’s team might pursue, McRae offered, “I don’t know; nothing jumps out to me as plausible.”
'Criminal Minds' Star Thomas Gibson and 9 More TV Stars Fired Amid Controversy (Photos)
"Criminal Minds" star Thomas Gibson, who got the boot from the CBS show following reports that he kicked a writer on set, isn't the only small-screen star to say "sayonara" on the heels of controversy.
John Amos claimed that he was fired from ground-breaking 1970s comedy "Good Times" after clashing with producers over the direction of the show. Amos' character, family patriarch James Evans, was subsequently killed off. Nothing funny about that. Damn, damn, damn.
Mackenzie Phillips was fired not once, but twice, from the sitcom "One Day at a Time" (1975-74) as the actress struggled with substance abuse.
Janet Hubert was replaced in her role as Vivian Banks on "Fresh Prince of Bel-Air" in 1993, amid reports of serious tension with series star Will Smith.
Lisa Bonet, who played second daughter Denise Huxtable on "The Cosby Show," returned to the series in 1989 after starring in the spinoff "A Different World," but was axed due to "creative differences."
Nicollette Sheridan claimed in a lawsuit that her "Desperate Housewives" character, Edie Britt, was killed off in 2009 after she accused series boss Marc Cherry of assaulting her. The legal saga over the firing has dragged on nearly as long as her tenure on the series.
Charlie Sheen got kicked to the curb from his "Two and a Half Men" gig in 2011 following a string of bizarre behavior, including insults aimed at series boss Chuck Lorre. As revenge, Lorre killed off a Sheen stand-in with a piano during the comedy's series finale.
Isaiah Washington was shown the door on the ABC drama "Grey's Anatomy" in 2007 after allegedly hurling a homophobic slur in castmate T.R. Knight's direction.
Another Shondaland alum, Columbus Short, said bye-bye to his gig on ABC's "Scandal" in 2014 amid claims that he committed domestic violence, though he later attributed his sacking to cocaine abuse.
TBS canned CeeLo Green's reality series "The Good Life" days after Green pleaded no contest to a felony charge of giving a woman the drug ecstasy.
After more than a decade as Aaron Hotchner on "Criminal Minds," Thomas Gibson got the boot from the CBS show in 2016 following reports that he kicked a writer on the series while directing an episode.
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Gibson is the latest television actor to get the heave-ho after misbehaving, but he’s certainly not the first
"Criminal Minds" star Thomas Gibson, who got the boot from the CBS show following reports that he kicked a writer on set, isn't the only small-screen star to say "sayonara" on the heels of controversy.
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