July 2014

DETERMINING STRATEGY ON WHEN AND HOW TO FIGHT AN UNEMPLOYMENT CLAIM

May 13, 2016 | July 2014

Perhaps the most common form of employment "litigation" is a claim for unemployment compensation. Such claims are so common that only a few employers even consider this as "litigation," although such cases often involve a hearing before a state administrative officer or "judge." Similarly, a record can be established, often by a recording that can later be…

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PLAINTIFF REFUSED TO CHANGE HER HAIRSTYLE FROM DREADLOCKS TO SOMETHING "PROFESSIONAL"

May 13, 2016 | July 2014

A plaintiff recently sued an employer alleging that its dress code prohibiting dreadlocks constituted an unlawful employment practice that discriminates on the basis of race. While she was given an offer of employment, it was on the condition that she cut off her dreadlocks, and the offer was withdrawn when she refused to do so. The employer's policy stated…

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PLAINTIFF TERMINATED FOR FAILURE TO BE A "TEAM PLAYER" GETS JURY TRIAL

May 13, 2016 | July 2014

Some employers feel they can assign a certain name or description to an employee termination, and that courts will say it is ok. Terms such as "don't need you anymore," or "the job has been eliminated," "poor attitude," and "not a team player" are often used. Unfortunately, the use of such terms by an employer does not always guarantee an employer's success…

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JOKES ABOUT AGE FORCE EMPLOYER TO FACE AGE DISCRIMINATION TRIAL

May 13, 2016 | July 2014

A 43-year-old head of sales was hired by a start-up internet technology company, and was employed only three months before being terminated for failing to meet sales quotas. At only 43, he was the oldest employee in the company, as most employees in the start-up company were in their 30's. The Defendant employer's chief executive made a remark to Plaintiff…

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WHY THE GOVERNMENT LIKES TO ISSUE PRESS RELEASES AND BIG FINES

May 13, 2016 | July 2014

An on-going study of the Occupational Safety and Health Administration (OSHA) has explained the obvious of why government agencies like to issue press releases and big fines. According to the preliminary results of the study, when a press release highlighting the fines from an inspection is issued, there is about a fifty percent (50%) reduction in the numbe…

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