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Documents on Labor And Employment, Legal Management
 

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Adobe PDFExploring the Severe or Pervasive Requirement in Harassment Claims
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
Legal Alert/Article
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012
While 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.

 

HTMLA New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
Legal Alert/Article
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014
IT 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.

 

HTMLHow To Confront A Performance Problem Without Being A “Quiet Herd Cutter”
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2014, previously published on February 21, 2014
In 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...

 

HTMLNo. 5 - Trends in Wage and Hour Litigation
Frank Harty; Nyemaster Goode, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
As 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:

 

Adobe PDFWho Is A Supervisor? The Supreme Court Provides Clarity
Wroten Associates Inc.;
Legal Alert/Article
September 17, 2013, previously published on Summer 2013
As 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...

 

HTMLWhat Should an Employer Say (If Anything) in a Termination Letter?
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
August 17, 2013, previously published on August 14, 2013
As 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...

 

HTMLAlleged Fiduciary Duty Breach Duplicative of Negligence Claim
Terrence P. McAvoy, Jennifer Riccolo DeBower; Hinshaw & Culbertson LLP;
Legal Alert/Article
June 6, 2013, previously published on June 5, 2013
The 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...

 

HTMLTreatise 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;
Legal Alert/Article
January 18, 2013
Since 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...

 

HTMLConducting Workplace Investigations
Phyllis C. Katz; Sands Anderson PC;
Legal Alert/Article
January 11, 2013, previously published on January 8, 2013
Recently, 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). ...

 

HTMLWorkplace Investigations - Part 2
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
December 22, 2012, previously published on December 21, 2012
In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation.

 


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