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Lincoln Financial Loses Arbitration to Defamed Broker
April 11, 2012
Lincoln Financial Advisors Corp lost a FINRA arbitration case to an ex-broker who claimed he was fired and then defamed by the company. According to his complaint, filed in 2008 with FINRA Dispute Resolution, the individual alleged that he was terminated after arranging employment with another brokerage firm but before he had sealed the deal.
The FINRA panel of arbitrators ordered Lincoln Financial to pay $2 million to claimant Jeffrey Concepcion, a 10-year veteran with this affiliate of Lincoln National Corp. The ruling was issued Tuesday.
Further Details. According to Concepcion, Lincoln Financial apparently would not offer Concepcion a severance package unless he signed an agreement not to compete with the company, an issue note in the ruling. The company then "made and published" false information about his termination, telling his customers that he made a career change - again, according to the ruling.
While it was not made clear in the ruling what form of published communication the company had used, it was implied that Concepcion "left the industry altogether" and that he was terminated "with cause," - again, allegations made by Concepcion in his filed complaint, and reiterated in the ruling.
Concepcion had sought $4.8 million in damages at the start of the hearings in March 2012. The panel found Lincoln Financial liable, but limited the damage award to $2 million. No reason was given for selecting that figure.
Concepcion has retained his industry licenses and currently is working as a broker with LPL Financial LLC. Lawyers for Concepcion were not immediately available for comment. A spokesman for Lincoln National Corp declined to immediately comment.
For further details go to: [Reuters, 4/11/12].

