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Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price
Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.
Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New cases on implied contract for Alaska, Colorado, and Montana New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana Discussion of a new case on union fair representation A new case on special consideration requirement for oral promises New cases on what constitutes a breach of the implied covenant New cases on clarity element of public policy tort New cases on jeopardy element of public policy tort A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency A new case discussing what constitutes andquot;improperandquot; interference with contract New cases on what constitutes a constitutionally protected property interest New cases on preclusive effect of administrative agency determinations New cases on standards for punitive damages A new case on statutory whistleblower protection for internal complaints about fellow employee
Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New cases on implied contract for Alaska, Colorado, and Montana New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana Discussion of a new case on union fair representation A new case on special consideration requirement for oral promises New cases on what constitutes a breach of the implied covenant New cases on clarity element of public policy tort New cases on jeopardy element of public policy tort A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency A new case discussing what constitutes "improper" interference with contract New cases on what constitutes a constitutionally protected property interest New cases on preclusive effect of administrative agency determinations New cases on standards for punitive damages A new case on statutory whistleblower protection for internal complaints about fellow employees
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This updated and expanded edition provides experienced solutions to the procedural and important substantive problems you will encounter in assessing, settling, litigating, and appealing an employment case no matter your level of experience, whether you represent management or employee, or whether the case at hand involves harassment, discrimination, or wrongful discharge. It includes dozens of checklists, sample pleadings, interrogatories, letters, and other useful forms. These time-saving materials are also included on a CD-ROM."