Arbitration is becoming a way of life for consumers, employees and many others. Arbitration formerly was only used in the labor union context. Now, arbitration clauses are everywhere, even at one Whataburger front door. See my prior post.
Arbitration makes more sense for the labor union context, because arbitrators have incentive to remain
Billy Ray Cyrus’ former road and farm manager has sued the country-western singer and his wife for age discrimination. The manager says Billy Ray said the manager was "old and dumb and don’t know anything about running a farm." Yea, comments about age are usually pretty good evidence of age discrimination. See report.
It
The first thing one defense lawyer does when he is hired for an employment case is check the employee’s Facebook account. See blog post. Eric Meyer, a defense lawyer, looks for references to the work place or the employer. He prints out any pictures. He looks for any information that refutes or refers to
Settling a discrimination lawsuit is never easy. The employee and employer both have to develop some understanding of evidentiary issues, personnel issues and employment caselaw within a very short amount of time. I have discussed settlement before, here, and here. The client must also come to some understanding of the opposing side
Video from the scene of the Tuscon shooting shows that Judge Roll died trying to protect an aide, Ron Barber. According to videotape, the shooter, Jared Loughner, walked straight up to Congresswoman Giffords and shot her. The shooter then starts shooting indiscriminately. Roll pushes the aide down out of the way. As he does so
Arbitration clauses are everywhere, from employee handbooks to automobile purchases to purchases of electronics. Now, we even find arbitration clauses posted on the front door of a Whataburger. See post. The "American Mediation Association" mentioned in the post is actually a Dallas law firm.
As Workplace Prof mentions, one day we will
Judges are usually very polite in the courtroom. A few are cantakerous and pushy. A very small percentage are outright abusive and tyrannical. US District Judge McBryde in Ft. Worth is notorious for issues. He was suspended from "judging" in 1996 for a year by the Fifth Circuit Court of Appeals. An unheard of sanction
The perception among some folks is that discrimination lawsuits are almost always frivolous. Some people believe discrimination could never happen to a good worker. One of my clients illustrates the fallacy of that belief.
Sue worked hard for her employer, a major employer in San Antonio. She thrived despite disabilities such as spina bifida
Credit checks are becoming a discriminator in selecting job applicants. The Equal Employment Opportunity Commision has taken notice. The EEOC filed suit against Kaplan Higher Education Corporation. See report. Since 2008, Kaplan has rejected applicants based on their credit scores.
The issue for the EEOC is that relying on credit score will adversely
Plaintiff attorneys are sanctioned almost $400,000 after their client made 868 changes to her deposition testimony. The dissent points out, however, that the attorneys sent the changes not to the court reporter but to the defense attorney. It is likely the attorneys wanted to make known the client’s apparent perjury.
Continue Reading Plaintiff Lawyers Sanctioned $378,000