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Jottings by an Employer’s Lawyer


July 17, 2008, 1:43 am, 320793

Not a lot has changed with Jottings By An Employer's Lawyer since my first post 6 years ago today. 1,800 posts later, I still post on blogspot, I still use the free version of blogger, and I still use an outmoded and limited version of


July 16, 2008, 3:43 pm, 320573
I have posted before about the dangers of creating coverage by estoppel relying in part on the Supreme Court decision in Arbaugh v. Y & H Corp. See The Progeny of Arbaugh and Danger for the Small Employer.

Without mentioning Arbaugh, the 7th Circuit points ...


July 11, 2008, 1:43 pm, 318279
Although the specific result is that the employee loses, today's Texas Supreme Court's opinion in City of Waco v. Lopez (Tx 7.11.08) (pdf) has something for both sides of the docket. The factual pattern is straight forward. Lopez, a city employee filed an internal grievance complaining a transfer was ...


July 11, 2008, 11:43 am, 318213
There is nothing so confirming as seeing someone else quoted in print making a point that you yourself have made. Even better when that person is well known. So I was pleased to find this quote from Stanley Chesley in a Law Practice Management article,


July 10, 2008, 7:43 pm, 317811
Given that we seem to be heading towards greater use, both by executive order that all government contractors use it, and various state statutes mandating it, it is an important question.

I was curious to see this post at the NAM's blog challenging some of the promotion of ...


July 8, 2008, 11:43 am, 316512
I nicked the phrase "termination plus" from Jeff Londa, one of my fellow shareholders, to refer to a plaintiff that presents more than the usual amount of danger because of additional circumstances. The lead to the story in The Rocky Mountain News, Jury awards $1.4 million to whistle ...


July 4, 2008, 3:43 pm, 315373
I think Daniel Schwartz at The Connecticut Employment Law Blog has the right approach in his post, Happy July 4th.

But even though this is not one of those holidays that has any particular employment law tie or angle, I couldn't help think about the full circle type ...


July 2, 2008, 3:43 pm, 314567
One of the worries about submitting information to agencies investigating workplace issues is the risk that it will be released to an employer's detriment. While the worry is real, the ability to get much judicial guidance is limited as it takes a unique set of circumstances for it to happen.


June 18, 2008, 9:44 pm, 307893
When you see these names listed together, what do you think?


American Association of People with Disabilities
American Diabetes Association
Bazelon Center for Mental Health Law
Epilepsy Foundation
HR Policy Association
International Franchise Association
Leadership Conference on Civil Rights
National Association of Manufacturers
National Disability Rights Network
National ...


June 9, 2008, 5:44 pm, 303505
There has been a recent spate of activity about associational rights under various statutes, with most of them taking a relatively broad view of expanding protection for those who have been discriminated/retaliated against because of their association with an employee who had a substantive claim. See for example the ...