Employee Rights Litigation

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (91 download)

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Book Synopsis Employee Rights Litigation by :

Download or read book Employee Rights Litigation written by and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rights on Trial

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Publisher : University of Chicago Press
ISBN 13 : 022646685X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Rights on Trial by : Ellen Berrey

Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Employment Litigation

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Publisher : American Bar Association
ISBN 13 : 1590315693
Total Pages : 511 pages
Book Rating : 4.5/5 (93 download)

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Book Synopsis Employment Litigation by : Susan Potter Norton

Download or read book Employment Litigation written by Susan Potter Norton and published by American Bar Association. This book was released on 2005 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition to the Model Jury Instructions series provides clear and balanced instructions for presentation to juries in employment litigation. These models accurately and impartially present the elements and critical definitions of patent law in language that is understandable and familiar to the average juror. The instructions allow for easy adaptation to particular cases or points. A CD-ROM of the jury instructions is included with the book.

Sexual Harassment and Retaliation

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Publisher : American Bar Association
ISBN 13 : 9781641053013
Total Pages : 0 pages
Book Rating : 4.0/5 (53 download)

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Book Synopsis Sexual Harassment and Retaliation by : Roxella T. Cavazos

Download or read book Sexual Harassment and Retaliation written by Roxella T. Cavazos and published by American Bar Association. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.

Litigating the Employment Tort Case

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Publisher : American Bar Association
ISBN 13 : 9781570739408
Total Pages : 162 pages
Book Rating : 4.7/5 (394 download)

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Book Synopsis Litigating the Employment Tort Case by : Daniel J. Rose

Download or read book Litigating the Employment Tort Case written by Daniel J. Rose and published by American Bar Association. This book was released on 2001 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employment Discrimination Litigation

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Publisher : John Wiley & Sons
ISBN 13 : 9780787978198
Total Pages : 352 pages
Book Rating : 4.9/5 (781 download)

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Book Synopsis Employment Discrimination Litigation by : Frank J. Landy

Download or read book Employment Discrimination Litigation written by Frank J. Landy and published by John Wiley & Sons. This book was released on 2005-01-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Unequal

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Publisher : Oxford University Press
ISBN 13 : 0190278404
Total Pages : 233 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Unequal by : Sandra F. Sperino

Download or read book Unequal written by Sandra F. Sperino and published by Oxford University Press. This book was released on 2017-05-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Entrepreneurial Litigation

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Publisher : Harvard University Press
ISBN 13 : 0674736796
Total Pages : 318 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Entrepreneurial Litigation by : John C. Coffee

Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Deposing and Examining Employment Witnesses

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Publisher :
ISBN 13 : 9781580121248
Total Pages : pages
Book Rating : 4.1/5 (212 download)

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Book Synopsis Deposing and Examining Employment Witnesses by : Tod F. Schleier

Download or read book Deposing and Examining Employment Witnesses written by Tod F. Schleier and published by . This book was released on 2007-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.Mastering the art of questioning employment witnesses is a career-long process.It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy.

Wage & Hour Collective and Class Litigation

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Publisher :
ISBN 13 : 9781588523310
Total Pages : pages
Book Rating : 4.5/5 (233 download)

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Book Synopsis Wage & Hour Collective and Class Litigation by : Noah A. Finkel

Download or read book Wage & Hour Collective and Class Litigation written by Noah A. Finkel and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers. This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in today's courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, "hybrid" cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor. Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.

Understanding the ADA

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Publisher :
ISBN 13 : 9781627222747
Total Pages : 0 pages
Book Rating : 4.2/5 (227 download)

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Book Synopsis Understanding the ADA by : William D. Goren

Download or read book Understanding the ADA written by William D. Goren and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of the author's Understanding the Americans with Disabilities Act.

Maryland Employment Law

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Publisher : LexisNexis
ISBN 13 : 9780327106968
Total Pages : 0 pages
Book Rating : 4.1/5 (69 download)

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Book Synopsis Maryland Employment Law by : Stanley Mazaroff

Download or read book Maryland Employment Law written by Stanley Mazaroff and published by LexisNexis. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Litigating the Aviation Case

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Publisher : American Bar Association
ISBN 13 : 9781634255806
Total Pages : 0 pages
Book Rating : 4.2/5 (558 download)

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Book Synopsis Litigating the Aviation Case by : Andrew J. Harakas

Download or read book Litigating the Aviation Case written by Andrew J. Harakas and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation. An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including: - Jurisdiction- Forum non conveniens- Preemption- The Montreal Convention- Unruly passengers- Preservation of evidence- Insurance coverage- Damages- The impact of trade sanctions and Medicare on litigation, and moreWritten by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including: - Locating recognized sub-specialists- Maximizing the effectiveness of evidence- Presenting effective opening and closing statements- Cross-examining witnesses- Developing winning trial strategies

The Fair Labor Standards Act

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Publisher : Greenwood Press
ISBN 13 : 9781570181085
Total Pages : 1756 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Fair Labor Standards Act by : Ellen C. Kearns

Download or read book The Fair Labor Standards Act written by Ellen C. Kearns and published by Greenwood Press. This book was released on 1999 with total page 1756 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employer's Guide to Union Organizing Campaigns

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Publisher :
ISBN 13 :
Total Pages : 650 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Employer's Guide to Union Organizing Campaigns by : Jackson Lewis

Download or read book Employer's Guide to Union Organizing Campaigns written by Jackson Lewis and published by . This book was released on 2007 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Employee Free Choice Act (EFCA) - the number one item on the agenda of organized labor - is expected to be one of the first bills introduced and voted on in the first 100 days of the 2009 Congress. If passed it will revolutionize the way in which unions attempt to organize your employees . In this environment every employer may find themselves subject to union organizing efforts. Aspen Publishers' Employer's Guide to Union Organizing Campaigns helps you guide your company through every stage of union organizing campaigns, So that you can react quickly, effectively, and legally even before organizing begins. Whether you're looking to be proactive - or react effectively - you need the insights And The tools to create effective and legally compliant policies and responses to union activity. Employer's Guide to Union Organizing Campaig ns provides: Complete coverage of the Employee Free Choice Act (EFCA) How-to practical guidance on anticipating - and reacting to - union activity while staying in compliance Sample letters, checklists, and documents ready for your immediate use Up-to-date coverage of current case law Employer's Guide to Union Organizing Campaigns delivers expert, step-by-step guidance to help you: Understand how today's organizing environment can affect your company Recognize new union tactics such as the corporate campaign And The request for card-check recognition Effectively respond to union organizing without violating the law, alienating the workforce or creating ill-will in the community

The Pregnancy Discrimination Act

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Author :
Publisher : BNA Books (Bureau of National Affairs)
ISBN 13 : 9781570188619
Total Pages : 0 pages
Book Rating : 4.1/5 (886 download)

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Book Synopsis The Pregnancy Discrimination Act by : P. Daniel Williams

Download or read book The Pregnancy Discrimination Act written by P. Daniel Williams and published by BNA Books (Bureau of National Affairs). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: