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Wrongful Discharge

Nine Ways to Protect Your Company During Staff Reductions

May 8, 2008
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There is no surefire way to avoid employment litigation in a staff reduction. But taking the time to follow the steps outlined here will minimize the risk of litigation, and will put your company in the best position to defend itself in any post-reorganization employment litigation.
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House Considers Bill That Expands Definition of Disability

January 30, 2008
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The ADA Restoration Act of 2007 would redefine a disability as a physical or mental impairment. It also would prohibit courts from considering ‘mitigating measures’ and require that employers prove an individual is not qualified for a job.
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Federal Pre-Emption of Driver's Lawsuit No Defense

November 26, 2007
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Many federal laws regulate working conditions, including those for over-the-road drivers. They will typically not foreclose state common law claims for wrongful termination.
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Federal Pre-Emption of Driver's Lawsuit No Defense

November 26, 2007
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Many federal laws regulate working conditions, including those for over-the-road drivers. They will typically not foreclose state common law claims for wrongful termination.
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Curbing Runaway Discrimination and Harassment Costs

August 7, 2007
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Employers, general counsels and HR professionals have become resourceful in developing ways to reduce or avoid employee claims and the subsequent expenses in employment law actions. Given the current Supreme Court’s willingness to apply the plain meaning of employment statutes, it may also be willing to give business a very powerful weapon in cost control—the recovery of attorneys’ fees from a losing employee/plaintiff.
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What to Do When an HR Employee Sues

July 26, 2007
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When an HR staffer alleges employment discrimination, it’s automatically a different kind of claim. Here’s how to proceed when the claimant is someone who is likely to know damaging, embarrassing or unflattering information about the company—and might be willing to use it to bolster a case. It’s not all bad news, however. Sometimes it’s easier to deal with an HR claimant.
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Age Bias Suit at Circuit City

April 10, 2007
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When an Employee Is Listed as a Sex Offender

March 21, 2007
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Many Web surfers are keenly aware of the information available from states’ online databases, and when they discover that one of their co-workers is a registered sex offender, they take action. The tricky question for the employer is, what action should it take?
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Protections for Transgender Workers on Rise

March 16, 2007
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Although federal law does not explicitly prohibit organizations from firing transgender workers, that doesn’t mean companies won’t be sued for such terminations. Nine states and almost 100 local jurisdictions, from Key West, Florida, to Tacoma, Washington, have passed laws protecting transgender employees in the workplace.
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