Reducing Damages Exposure
This article discusses the underutilized litigation strategy of extending an unconditional offer of reinstatement to a former employee-plaintiff who has filed (or has threatened to file) suit challenging his or her termination from employment.
Finders/Keepers
Assume that your client has been sued by a former employee, and that a post-termination electronic search of the employee's laptop uncovers e-mails to legal counsel. Now what?
Features
EEOC Sues Kelley Drye for Age Bias over Compensation System
In late January, the Equal Employment Opportunity Commission (EEOC) sued Kelley Drye & Warren for its use of a compensation system that the agency claims discriminates against attorneys based on their age.
Features
What to Expect When Your Employee Is Expecting
Pregnancy discrimination complaints are steadily on the rise, necessitating a renewed focus by employers on ensuring compliance with pregnancy discrimination laws.
The 'Faithless Servant' Doctrine
Applying the "faithless servant doctrine," the Massachusetts Supreme Judicial Court recently permitted an employer to recover compensation it had paid to a high-level executive who had been the subject of numerous sexual harassment complaints by other employees.
Features
Employment Rights of Domestic Violence Victims
Several states have enacted laws to protect the employment rights of domestic violence victims, New York among them. Here's why.
Defending Spoliation Claims
The duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.
Features
Eleventh Circuit Nixes Sex Harassment Claims
Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.
Employer's Failure to Give Notice of Claim Bars Insurance Coverage
An increasing number of employers have begun purchasing insurance, sometimes referred to as "employment practices liability insurance" (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.
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