Employment Case Law Update
Jun 08, 2011
--Hart v Family Dental Group, 2ndCir: Inaffirming a district courts grant of judgment as a matter of law on the plaintiff's Sec. 4312(A) of the Uniformed Services Employment and Reemployment Rights Act...
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I Received a "Right-to-Sue" Letter from the EEOC...Now What?
May 24, 2011
Among the numerous confusing and misunderstood things in employment law concerns the Equal Employment Opportunity Commission's "right-to-sue" notice. This legal guide explains what a "right to sue" not...
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Just Because You Sign a Severance Agreement Does NOT Mean You Can't Sue...Sometimes
May 15, 2011
A recent case out of New York, Johnson vs. Lebanese American University, et al., 2011 NY Slip Op 03658, highlights the fact that not all severance agreements and releases necessarily bar future discrim...
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NLRB Holds Report's Termination of Tweets Lawful
May 15, 2011
The National Labor Relations Board (NLRB), in a recent advice memorandum issued by the general counsel's office, has held that the termination of an Arizona Daily Star public safety reporter over his t...
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Viewing Your Employee File
May 09, 2011
Probably one of things employees often do not know about, at least in Wisconsin, regards their right to view their employee/personnel file. A lot of employees wonder what happens with those yearly revi...
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10th Circuit Rules on Issue of "Currently Engaging in Drug Use" Under ADA
Apr 19, 2011
The Court of Appeals for the Tenth Circuit has a very interesting opinion touching on the complicated and relatively undecided issue of how to decided when an individual is"currently engaging in the il...
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EEOC Toughens Stance Against Random Alcohol Testing Policies
Apr 04, 2011
The Equal Employment Opportunity Commission (EEOC) hasfiled suit against U.S. Steel Corporation alleging the Company's random alcohol testing policyauthorized by a collective bargaining agreementviolat...
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Wisconsin Court of Appeals Upholds Unreasonable Refusal to Rehire Decision
Mar 30, 2011
In a case that screams unreasonable refusal to rehire, the Wisconsin Court of Appeals (District III) upheld the circuit court's decision holding that an employer's terminating only the appellant after ...
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9th Circuit Holds Employers Must Prove Reasons for Denying Reinstatement after FMLA Leave
Mar 30, 2011
In a case of first impression out of the Court of Appeals for the Ninth Circuit, it was held that the district court improperly placed the burden on the employee in her Family and Medical Leave Act (FM...
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NLRB Holds Employee's Secret Recording of Meeting is Protected Activity
Mar 30, 2011
In an era where nearly every American has a phone, a camera, a music player and a recorder on them at all times, the National Labor Relations Board (NLRB) recently held that an employee's recording of ...
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