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Launched in 2001, USLAW is an organization of independent law firms with offices throughout the United States. Through USLAW, these firms share information in order to enhance the speed, efficiency and quality of legal services provided to each member's clients. By sharing this information, USLAW firms provide high quality legal services, without unnecessary expense to the client. |
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Avoiding Retaliation Claims: Managing the Litigant-Employee
PRESENTED BY THE USLAW EMPLOYMENT LAW PRACTICE GROUP
by William Murphy & Carla Hartley, Dillingham & Murphy, San Francisco, CA
Employment retaliation claims frequently evolve out of other disputes between an employee and his or her employer. What may start out as a relatively simple, and defensible, discrimination claim may, if not managed properly, spawn a much more problematic retaliation claim. “Managing the Litigant-Employee” provides practical advice for employers faced with this challenging situation to reduce the risk of a retaliation lawsuit and even to use the situation to their advantage.
Other Employment Law Articles in This Issue...
What Desert Palace, Inc. v. Costa Means For Employers and Their Counsel
National Origin & Religious Discrimination: Vigilance is Important Now More Than Ever
The Standard for Proceeding as a Collective Action Under the Fair Labor Standards Act
The Viability of Wrongful Termination Claims in Virginia
Georgia Supreme Court to Look at Creating "Promise-Not-To-Fire" Exception to At-Will Employment Doctrine
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What Desert Palace, Inc. v. Costa Means For Employers and Their Counsel
by Robert Kilgore, Cox & Smith Incorporated, San Antonio, TX
In Desert Palace, Inc. v. Costa, the Supreme Court clarified that direct evidence of an employer's discriminatory intent is not needed in order for a plaintiff to get a mixed-motive jury instruction. This is an important development because the burden of proof in mixed motive cases is easier on the plaintiff and because his attorney will be awarded fees, even if the plaintiff's recovery is minimal. This article addresses how the court reached the decision it made in Desert Palace and how lower courts have interpreted it.
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Georgia Supreme Court to Look at Creating “Promise-Not-To-Fire” Exception to At-Will Employment Doctrine
by Phillp Friduss & Brandi Kellis, Hall, Booth, Smith & Slover, Atlanta, GA
The Georgia Supreme Court has accepted certiorari to address what has long been hollowed ground – Georgia’s status as a staunch at-will employee state. It will review the Georgia Court of Appeals’ opinion in Balmer v. Elan, 261 Ga. App. 543 (2003), in which the immediate appellate court refused to carve out an exception for employees who take affirmative action in reliance upon an employer’s promise not to fire – only to have the employer renege on its word.
[CLICK FOR FULL STORY]
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National Origin & Religious Discrimination: Vigilance is Important Now More Than Ever
by Vijay Mago/Charles Meyer; Leclair Ryan, P.C., Richmond, Virginia
The EEOC urges employers to prohibit harassment based on race, color, religion, gender, national origin, age, and disability. Given the prevailing climate of uncertainty and animosity created by terrorist attacks and now Operation Iraqi Freedom, it is incumbent on you to counsel employees not to discriminate against those who may be vilified in current press coverage.
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The Viability of Wrongful Termination Claims in Virginia
by Vijay Mago/Charles Meyer; Leclair Ryan, P.C., Richmond, Virginia
Dispositive motions in Virginia state court, while not quite extinct, nonetheless remain an endangered and increasingly rare species. Moving parties are prohibited from relying on deposition testimony or affidavits to support summary judgment absent agreement of the non-moving party.
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The Standard for Proceeding As a Collective Action Under the Fair Labor Standards Act
by Michael Tusa; McCranie, Sistrunk, Anzelmo, et. al, Metairie, LA
[CLICK FOR FULL STORY]
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USLAW and the City
Presented by the USLAW Employment Law Practice Group
May 20 - 22, 2004
Algonquin Hotel
New York, New York
USLAW Transportation Seminar
August 5 - 7, 2004
Omni Interlocken Hotel
Broomfield, Colorado
2004 USLAW Member Meeting
September 16 - 18, 2004
Westin Savannah Resort
Savannah, Georgia
USLAW Quail Hunt
November 18 - 20, 2004
Mexico
2005 USLAW Client Conference
March 10 - 12, 2005
Royal Sonesta Hotel
Nw Orleans, Louisiana
Construction
Environmental / Toxic / Mass Tort
Birmingham, AL
Carr Allison Pugh Howard Oliver & Sisson, P.A.
Phoenix, AZ
Jones Skelton & Hochuli, P.L.C.
Tucson, AZ
Chandler & Udall, LLP
Los Angeles, CA
Murchison & Cumming
Santa Barbara, CA
Snyder Law, P.C.
San Diego, CA
KLINEDINST, P.C.
San Francisco, CA
Dillingham and Murphy, L.L.P.
Jacksonville, FL
Marks Gray, P.A.
Miami, FL
Wicker Smith O'Hara McCoy Graham & Ford, P.A.
Tallahassee, FL
McFarlain & Cassedy, P.A.
Atlanta, GA
Hall Booth Smith & Slover, P.C.
Chicago, IL
O'Hagan Smith & Amundsen, L.L.C.
Louisville, KY
Greenebaum Doll and McDonald, P.L.L.C.
New Orleans, LA
McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel, P.C.
Boston, MA
Donovan Hatem, L.L.P.
Detroit, MI
Clark Hill, P.L.C.
St. Paul, MN
Larson King, L.L.P.
Gulfport, MS
Carr Allison Pugh Howard Oliver & Sisson, P.A.
Ridgeland, MS
Copeland, Cook, Taylor & Bush, P.A.
St. Louis, MO
Lashly & Baer, P.C.
Albuquerque, NM
Modrall Sperling
Alberston, NY
Ahmuty, Demers & McManus
Hawthorne, NY
Traub, Eglin, Lieberman & Straus
Dickinson, ND
Mackoff Kellogg Law Firm
Akron, OH
Roetzel & Andress, LPA
Oklahoma City, OK
Pierce Couch Hendrickson Baysinger & Green, L.L.P.
Pittsburgh, PA
Pietragallo Bosick & Gordon
Philadelphia, PA
Sweeney & Sheehan, P.C.
Columbia, SC
Sweeny Wingate & Barrow, P.A.
Charleston, SC
Buist Moore Smythe & McGee, P.A.
Pierre, SD
Riter, Rogers, Wattier & Brown, L.L.P.
Memphis, TN
Martin, Tate, Morrow & Marston, P.C.
Beaumont, TX
Orgain, Bell & Tucker, L.L.P.
San Antonio, TX
Cox & Smith Incorporated
Richmond, VA
LeClair Ryan, P.C.
Seattle, WA
Williams Kastner & Gibbs, PLLC
Milwaukee, WI
O'Hagan Smith & Amundsen, L.L.C.
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