Lawyer Blog » Employment

Request for Disability Leave Insufficient to Support ‘Disability’ Finding

dwcowgill — Sat, 17 Mar 2007 03:01:16 +0000

If an employee’s physician writes that the employee cannot work due to a “permanent disability,” this would seem to be a sufficient basis for the employer to remove the employee from the workplace. But the 3rd Circuit recently held that such a representation from a physician would not necessarily be enough to prompt the employer’s action. Attorney Sid Steinberg writes that the ruling may have the effect of requiring employers to confirm an employee’s own representations of disability before acting on them.

Second Front in Iraq War: Lawsuits

dwcowgill — Sat, 17 Mar 2007 03:01:14 +0000

Legal precedents make lawsuits against military contractors tough to win, but that’s not stopping lawyers for soldiers and private citizens injured during the Iraq war. At least 15 personal injury, wrongful death and products liability cases have been filed by soldiers or civilian employees against government contractors in federal courts nationwide, with at least one state court claim in North Carolina. Two litigation strategies involve the use of state fraud laws and whistleblower suits.

Age Bias Suits on the Rise With Older Employees Working Longer

dwcowgill — Sat, 17 Mar 2007 03:01:13 +0000

Baby boomers have triggered a new wave of age bias lawsuits, creating a host of legal challenges for employers that may not even be aware that discrimination is going on in the workplace. Employment attorneys say the surge in age bias lawsuits is mainly due to the fact that a large part of the work force is getting older, staying healthier and choosing to work longer. Recent court decisions have given plaintiffs more legal ammunition, and employers — including some law firms — are landing in court.

Couples-in-Law Are Case Study in Work-Life Balance

dwcowgill — Thu, 15 Mar 2007 03:00:49 +0000

While many lawyers are doing what they can to balance their work and home lives, husband-and-wife lawyer teams can’t keep the two separated. Heather Borlase and Alan Bayer, who operate an employment law boutique in San Francisco, say their styles complement each other. But there is room for trouble, as there is in any partnership. Says Bayer: “You better know your spouse really well, and that you’ll be able to keep an open line of communication, because disputes are not left at the office.”

Frederique-Alexandre v. Dep’t of Natural and Environmental Resources of the Commonwealth of Puerto Rico

dwcowgill — Thu, 15 Mar 2007 03:00:44 +0000

Employment discrimination plaintiff could not salvage untimely administrative complaint by referencing Spanish-language document filed with district court; federal litigation must be conducted in English, and untranslated foreign-language documents form no part of record of appeal.

Woman Sues Auto Dealer Claiming Sexual Harassment Over Penis Pendant Necklace

dwcowgill — Thu, 15 Mar 2007 03:00:42 +0000

A 69-year-old woman filed a wrongful termination and sexual harassment lawsuit against a California auto dealer and one of its employees. Velma Evans says she was fired by Stahl Motor Inc. after she repeatedly complained about a male employee who allegedly wore a penis pendant necklace and used a sausage to flash her in a sexual manner. Employee Kurt Aiken said Monday the allegations are baseless, noting he was merely eating the sausage and wearing a necklace with a religious icon.

Transportation Company Defense Sees Award of $30,000 as a Win in Accident Case

dwcowgill — Thu, 15 Mar 2007 03:00:41 +0000

The attorney for a transportation company whose driver flipped part of a
tractor-trailer into a pickup truck considered the recent $30,000 jury
award against his client a win, given that the company admitted
liability. Conway Transportation Services Inc. had a lot going against
it entering the trial and faced a $1 million demand from the plaintiff,
attorney Charles Bogdanoff said. The case centered on whether the
plaintiff’s back injury was caused by the accident or his being
overweight.

Calif. Supervisors Required to Take Anti-Harassment Training Under Law

dwcowgill — Thu, 15 Mar 2007 03:00:39 +0000

As a result of legislation enacted in 2004, companies in California with 50 or more employees were required to provide two hours of sexual harassment training to all supervisory employees by the start of 2006 and every two years thereafter. Recent amendments by the state Legislature and regulations issued by the California Fair Employment and Housing Commission have clarified the requirements for how that training should be conducted. Attorney Charlene J. Wilson explains what employers need to know.

N.Y. Judge Orders Lawyer Depositions on Charney Settlement Meeting

dwcowgill — Thu, 15 Mar 2007 03:00:38 +0000

A Manhattan Supreme Court justice on Tuesday ordered depositions of three lawyers who participated in a confidential settlement meeting at which ex-associate Aaron B. Charney’s lawyers claim a Sullivan & Cromwell partner “ordered” Charney to destroy his personal hard drive. The destruction of the drive by Charney has been touted by Sullivan & Cromwell’s lawyers as a possible instance of evidence spoliation and grounds for dismissal of Charney’s claims against the firm for sexual orientation discrimination.

Pa. Panel: Fear of Reprisal Does Not Justify Willful Misconduct

dwcowgill — Thu, 15 Mar 2007 03:00:36 +0000

A Pennsylvania corrections officer who refused to report policy violations by a fellow officer or assist an inmate being assaulted failed to satisfy a burden of proof that his decisions were justified when he said he feared for his safety and reprisal by his coworkers. A state Commonwealth Court panel reached that conclusion, reversing a finding of the Unemployment Compensation Board of Review that the officer was entitled to benefits because the behavior cited in his discharge was not willful misconduct.