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Author : Sharon Berlin
Publisher :
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.E/5 ( download)
Download or read book Retaliatory Discharge in Worker's Compensation Cases written by Sharon Berlin and published by . This book was released on 1988 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter A. Zablotsky
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Continuing Availability of Retaliatory Discharge and Other State Tort Causes of Action to Employees Covered by Collective Bargaining Agreements written by Peter A. Zablotsky and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-twentieth century, Congress enacted the Labor Management Relations Act (“LMRA”) and other major federal labor statutes, thereby asserting control over many aspects of national labor policy. Defining the precise scope of this control, and determining which state causes of action are valid in spite of the federal exercise of control, has required decades of analysis of applicable preemption principles. During the 1980s, several seminal Supreme Court cases helped resolve some of these long standing preemption issues. One of these cases was Lingle v. Norge Division of Magic Chef, Inc. Norge dealt with the state tort action of retaliatory discharge for filing workers' compensation claims. Norge concluded that the tort was not preempted by section 301(a) of the LMRA -- the key preemption provision in the context of federal labor law -- even if the employee was covered by a collective bargaining agreement. It is the thesis of this Article that in analyzing and resolving the preemption issues surrounding retaliatory discharge the courts have developed an analytical framework that is critical to the section 301 preemption analysis of all state tort causes of action applicable to employees covered by collective bargaining agreements. The Article begins by placing the analytical framework in context, with a historical discussion of the relevant preemption principles and cases. The Article then articulates and analyzes the analytical framework used to resolve the preemption issues raised by the tort of retaliatory discharge when applied in the collective bargaining context. This section includes a discussion of Norge. The Article goes on to discuss the contribution of the retaliatory discharge analysis to preemption analysis generally, and the specific application of the analytical framework to state tort actions protecting whistleblowers and proscribing invasions of privacy. The Article concludes that, pursuant to the analytical framework, these state tort causes of action should survive preemption challenges.
Author : John C. McCarthy
Publisher :
ISBN 13 :
Total Pages : 506 pages
Book Rating : 4.F/5 ( download)
Download or read book Punitive Damages in Wrongful Discharge Cases written by John C. McCarthy and published by . This book was released on 1985 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work describes and illustrates the strategies and tactics used by noted specialists in the field, and analyzes the law of every jurisdiction with guidance for applying the new and emerging principles to particular fact situations. A complete series of model forms are provided including sample letters, complaints, proofs, interrogatories, and others.
Author : David James Tuckfield
Publisher :
ISBN 13 :
Total Pages : 98 pages
Book Rating : 4.:/5 (835 download)
Download or read book Federal Preemption of the State Tort of Retaliatory Discharge for Filing a Workers' Compensation Claim written by David James Tuckfield and published by . This book was released on 1987 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. McCarthy
Publisher :
ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.F/5 ( download)
Download or read book Recovery of Damages for Wrongful Discharge 2d written by John C. McCarthy and published by . This book was released on 1990 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EEOC Enforcement Guidance written by and published by . This book was released on 1998 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard B. Victor
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.F/5 ( download)
Download or read book Liability for Employee Grievances written by Richard B. Victor and published by . This book was released on 1988 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew D. Hill
Publisher : University of Pennsylvania Press
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)
Download or read book "Wrongful Discharge" and the Derogation of the At-will Employment Doctrine written by Andrew D. Hill and published by University of Pennsylvania Press. This book was released on 1987 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ira Michael Shepard
Publisher :
ISBN 13 :
Total Pages : 570 pages
Book Rating : 4.F/5 ( download)
Download or read book Without Just Cause written by Ira Michael Shepard and published by . This book was released on 1989 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paul H. Tobias
Publisher :
ISBN 13 :
Total Pages : 996 pages
Book Rating : 4.F/5 ( download)
Download or read book Litigating Wrongful Discharge Claims written by Paul H. Tobias and published by . This book was released on 2007 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lewis
Publisher : Aspen Publishers
ISBN 13 : 9780735565166
Total Pages : 574 pages
Book Rating : 4.5/5 (651 download)
Download or read book Worker's Compensation Law and Strategy Guide written by Lewis and published by Aspen Publishers. This book was released on 2007-08-30 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Workers' Compensation Law & Strategy Guide discusses practical strategies for employers to use to control the expense of workers' compensation. the discussion includes effective back-to-work programs, safety programs, and fraud prevention programs. Our Guide provides an understanding of workers' compensation concepts, helping an employer learn the individual details of a particular state's law. The Guide has easy-to-use safety and claim prevention checklists and current forms with instructions on how, when, and why to complete them, including: ADA Checklist for Workers' Compensation Claimants Basic Back Safety Checklist Ergonomics Checklist Incident Report, Injured Employee's Report, and Witness Statement Identifying Hazards for Each Job Safety Analysis Job Safety Analysis Questionnaire Job Safety Program Checklist There are over 20 charts listing individual state practices, including: Benefit and coverage highlights by state, including mental injuries Employee misconduct, including safety rule violations, illegal drugs, and alcohol Employee notice to employer and payment of claims Penalties and enforcement procedures for failure to insure Employer accident reporting requirements State "Contractor-Under Coverage" State chart of insurance types This 11th Edition of the Workers' Compensation Law & Strategy Guide includes recent legislation in all 50 states and discusses trends in workers' compensation law; it covers state information on employee misconduct, has updated state information on workers' compensation insurance, updated information on disaster readiness plans, revised discussion of retaliatory discharge claims, and more.
Author : Mark C. Weber
Publisher : NYU Press
ISBN 13 : 081479405X
Total Pages : 232 pages
Book Rating : 4.8/5 (147 download)
Download or read book Disability Harassment written by Mark C. Weber and published by NYU Press. This book was released on 2007-03 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts’ approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA). While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems of harassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.
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:
Author : Robert Wyeth Lee
Publisher :
ISBN 13 : 9780327164166
Total Pages : 0 pages
Book Rating : 4.1/5 (641 download)
Download or read book Alabama Workers' Compensation Law and Handbook written by Robert Wyeth Lee and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven L. Willborn
Publisher : MICHIE
ISBN 13 :
Total Pages : 1096 pages
Book Rating : 4.F/5 ( download)
Download or read book Employment Law written by Steven L. Willborn and published by MICHIE. This book was released on 1993 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1904 pages
Book Rating : 4.E/5 ( download)
Download or read book Individual Employment Rights Cases written by and published by . This book was released on 1995 with total page 1904 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Lewis
Publisher : Aspen Publishers
ISBN 13 : 9780735572874
Total Pages : 0 pages
Book Rating : 4.5/5 (728 download)
Download or read book Workers Compensation Guide 2009 written by Charles Lewis and published by Aspen Publishers. This book was released on 2008-10-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Workers' Compensation Law & Strategy Guide discusses practical strategies for employers to use to control the expense of workers' compensation. The discussion includes effective back-to-work programs, safety programs, and fraud prevention programs. Our Guide provides an understanding of workers' compensation concepts, helping an employer learn the individual details of a particular state's law. The Guide has easy-to-use safety and claim prevention checklists and current forms with instructions on how, when, and why to complete them, including: ADA Checklist for Workers' Compensation Claimants Basic Back Safety Checklist Ergonomics Checklist Incident Report, Injured Employee's Report, and Witness Statement Identifying Hazards for Each Job Safety Analysis Job Safety Analysis Questionnaire Job Safety Program Checklist There are over 20 charts listing individual state practices, including: Benefit and coverage highlights by state, including mental injuries Employee misconduct, including safety rule violations, illegal drugs, and alcohol Employee notice to employer and payment of claims Penalties and enforcement procedures for failure to insure Employer accident reporting requirements State "Contractor-Under Coverage" State chart of insurance types This 11th Edition of the Workers' Compensation Law & Strategy Guide includes recent legislation in all 50 states and discusses trends in workers' compensation law; it covers state information on employee misconduct, has updated state information on workers' compensation insurance, updated information on disaster readiness plans, revised discussion of retaliatory discharge claims, and more.
