Search Results (4401)
Documents on Labor And Employment, Legal Management
Show: results per page
|Exploring the Severe or Pervasive Requirement in Harassment Claims|
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012While creating a maximal productive environment is the key to preventing future harassment claims, defense counseling frequently begins only after someone files a claim, so your representation often will involve damage control.
|A New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits|
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014IT is no secret: California is viewed as perhaps the most employer unfriendly litigation forum in the Union. So
long as California remains the eighth largest economy in the world, there will be no shortage of employers providing the legal system with ample opportunities to demonstrate this.
|How To Confront A Performance Problem Without Being A “Quiet Herd Cutter”|
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2014, previously published on February 21, 2014In a previous post, I described the “Quiet Herd Cutter” problem, a term I have used to describe a phenomenon especially prevalent in law firms where employees’ failure to meet expectations results in being quietly excluded from new work. In this story, I present an alternate...
|No. 5 - Trends in Wage and Hour Litigation|
Frank Harty; Nyemaster Goode, P.C.;
December 19, 2013, previously published on December 17, 2013As 2014 approaches, we can predict the coming trends in wage and hour litigation. This list of “hot spots” can serve as a shorthand audit checklist to identify potential areas of risk:
|Who Is A Supervisor? The Supreme Court Provides Clarity|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013As is often the case the U.S. Supreme Court finished up its term this year with several high profile cases. Lost in the shuffle was an important employment case, Vance v. Ball State University, No. 11-556, which clarified the meaning of the word "supervisor" for the purposes of vicarious...
|What Should an Employer Say (If Anything) in a Termination Letter?|
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
August 17, 2013, previously published on August 14, 2013As a management employment lawyer, I am often asked to provide legal advice to a Virginia company as to a termination decision. If the company decides to terminate an employee, we typically then discuss how the decision will be communicated, including whether the company should notify the employee...
|Alleged Fiduciary Duty Breach Duplicative of Negligence Claim|
Terrence P. McAvoy, Jennifer Riccolo DeBower; Hinshaw & Culbertson LLP;
June 6, 2013, previously published on June 5, 2013The First District Appellate Court of Illinois affirmed a trial court’s entry of summary judgment against plaintiff former clients on their breach of fiduciary duty claim as duplicative of their negligence claim because the same operative facts supported both claims. The court examined the...
|Treatise on Issues of Labor Rights Protection by Enterprises during Economic Recession - Beginning with Unpaid Leave, Suspension without Pay and Transfer|
Ling Wang; Lee Tsai Partners Attorneys-at-Law;
January 18, 2013Since the financial tsunami in 2008, enterprises have suffered from reduced demands for manpower due to a sharp decline of orders during economic recession and mostly adjust the work hours of employees in the form of "unpaid leave," "suspension without pay" or "job...
|Conducting Workplace Investigations|
Phyllis C. Katz; Sands Anderson PC;
January 11, 2013, previously published on January 8, 2013Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999). ...
|Workplace Investigations - Part 2|
Donovan Plomp; McCarthy Tétrault LLP;
December 22, 2012, previously published on December 21, 2012In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation.