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Wrongful Discharge

Beware Saying too Much When Engaging in Pre-Suit Settlement Negotiations

March 5, 2013
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If you have to discuss the merits of the case with the employee's lawyer, either do so over the phone or only put in writing what you live with a judge or jury considering.
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Of Storks and Honesty—Avoid Shifting Reasons When Defending an Employment Decision

February 20, 2013
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It's trite to say honesty is the best policy. But, when defending an employment case, honesty and consistency are essential. And, if you can't be honest because the honest reason is illegal, then maybe you should consider biting the bullet and settling.
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Firing of 'Irresistible' Employee Does Not Equal Sex Discrimination?

January 10, 2013
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If the sex discrimination laws do not protect an employee like Nelson, then I fear we are taking a huge civil rights step backward.
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The Importance of Getting Your Story Straight

December 19, 2012
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It is vitally important that companies have all their ducks in a row before terminating an employee. Conduct a full investigation before pulling the termination trigger. Have a bona fide reason and stick to it.
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EEOC Rejects Staffing Company's “Just Following Orders” Defense

December 10, 2012
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If you are a staffing company, consider writing indemnification clauses into your agreements to help insure against liability when the company for whom you are staffing discriminates. Otherwise, there is a good chance that the law will not protect you from your customer's discrimination.
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University of Virginia Whistle-Blower Gets $819,000 Jury Award

October 17, 2012
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Weihua Huang claimed he was retaliated against after he complained about Ming D. Li's misuse of federal research grants for a project on the genetics of nicotine and addiction.
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Former Assistant Football Coach McQueary Files Whistle-Blower Suit Against Penn State

October 3, 2012
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McQueary alleged that Penn State terminated his employment as assistant football coach because of his cooperation with Pennsylvania Attorney General investigators.
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EEOC Sues Texas Restaurant Chain for Pregnancy Discrimination

September 27, 2012
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Maryann Castillo, who worked at Bayou City Wings from 2008 to May 2011 as a server, bartender and manager, was laid off allegedly due to her pregnancy, according to the lawsuit.
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Ex-Morgan Stanley Smith Barney Exec: I Was Fired for Whistle-blowing

September 13, 2012
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Clifford Jagodzinski alleged in a complaint filed last month that his firing in April by MSSB was “an action for unlawful retaliation under the Dodd-Frank Act,” as well as claims under state law.
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The Five Little Words That Will Cause Your Company a Huge Headache

September 13, 2012
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It is immeasurably less expensive to get out in front of a potential problem and audit on the front end instead of settling a claim on the back end.
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