The new regulations for the Americans with Disabilities Act have been proposed. The EEOC promulgates those regs and seeks public comment before making them final. You can view the new regs at this website. These regs are based on the ADA Amendments Act which was passed last year. Among other changes, they list new
September 2009
High Salaries Tend to Produce Large Verdicts
By Thomas J. Crane on
Posted in Litigation and trial practice
I discuss this with clients so often. How much is my case worth? Most clients believe their case is worth millions. And, it is. To you. But, what is it worth to a jury? I have explained that studies of discrimination lawsuits have found that most often, juries do not award compensatory or emotional suffering…
Employers do the Craziest Things….
By Thomas J. Crane on
Posted in General
Employers do the craziest things. One employer in Tennessee, according to this report, tested employees for using *lawful* prescription drugs. Yes, the employer was testing for prescription drugs. They apparently rook action against employees who refused to stop taking some prescription drugs. The EEOC filed suit, saying these tests amounted to unlawful medical inquiries.
Two Year Limit Reasonable for a Non-Compete
By Thomas J. Crane on
Posted in Contracts
An interesting decision on non-compete agreements. The Court of Appeals in Houston found a non-compete reasonable. See: Gallagher Healthcare Ins Services v. Volgesang. The former employee was an insurance broker for Gallagher Healthcare. After twelve years, she resigned to work for a competitor. The non-compete provided that the employee could not have contact…
The Real Norma Rae Passed
By Thomas J. Crane on
Posted in General
The real Norma Rae died last week. Chrystal Lee Sutton worked in a North Carolina textile mill when she started trying to organize a union at the plant due to the low wages and poor working conditions., She was fired and forcibly evicted from the plant. As she was being taken away by…
Do not Over-React
By Thomas J. Crane on
Posted in General
Sometimes, the best advocacy is the least advocacy. Subtle can persuade better than histrionics. Read Mike Maslanka’s post about the president‘s speech last week. When the President was accused of lying, he did not over-react. He under-reacted. His subtle reaction said more than histrionics ever could. Mike then relates a similar experience from one…
“Fight Club” Results in Prison Time
By Thomas J. Crane on
Posted in General
A former Corpus Christi State School employee was convicted in the "fight club" trials. D’angelo Riley was sentenced to 4 years in prison and 8 years probation for arranging some of the fights. One report said he was one of the ring leaders. He was the second state school employee to receive prison time…
What You Say Online can get You in Court
By Thomas J. Crane on
Posted in General
What you say online can come back and get you in court. See a list of such cases from IMS.
It is not the Employer’s Fault if the Lab Makes a Mistake
By Thomas J. Crane on
Posted in Litigation and trial practice
Many employers require drug tests as a requirement for employment. But, few employers conduct the test themselves. Most employers contract out the actual drawing of the specimen and testing. Some laboratory will perform the test. Some employers will fire an employee for testing positive for a drug test. What happens if the lab makes…
Forcing Employee to Provide Login Info can Violate Statute
By Thomas J. Crane on
Posted in General
If an employer accesses an employee’s social networking site without permission, or worse, accesses the site under threat of termination, then the employer may be liable for a claim of invasion of privacy and violation of the federal Stored Communication Act. Such was the result in a federal lawsuit in New Jersey. Delaware Employment…