Its a repulsive case, one in which a large company was able to effectively buy "justice." Highlighted on 60 Minutes and elsewhere. Now, the US Supreme Court has spoken and found in favor of the good guys. Caperton v. AT Massey Coal Co. Inc. But, as Mike Maslanka points out, it could lead to other issues, such
June 2009
Arbitrations do not Work in Non-Union Shops
By Thomas J. Crane on
Posted in Contracts
NPR has a good story on the evils of mandatory arbitration in the workplace. Unfortunately, it is all too accurate. Mandatory arbitration simply does not work well in the non-union workplace. It favors employers over employees. Note the experience of one arbitrator who ruled against the company one time, after finding in favor of the…
Jerks at Work
By Thomas J. Crane on
Posted in General
Jerks at work cause all sorts of problems. It is worse when the jerk is your boss. But, ultimately, the jerks will cause enough issues that most employers would agree they need to go. The good news is that according to at least one source, the nice boss gets his/her way more…
Women Bullying
By Thomas J. Crane on
Posted in Discrimination
A recent study indicates that while men tend to be equal opportunity bullies, women tend to bully other women. Bullying may be ineffective, but it still occurs. I have not run into woman on woman bullying in any lawsuits, but it appears to be a fact at some workplaces. If you wish to be heard…
Employers can Ignore the Law *if* They do not Mind the Consequences
By Thomas J. Crane on
Posted in General
Clients often have the strangest notions. They actually think that if the law says something, then the employer must do what the law says. I have to break the news to them: employers can ignore the law. Yes. Employers can ignore the law if they do not mind the consequences. Employers do it all the…
DOL Gets a Failing Grade
By Thomas J. Crane on
Posted in Wage and Hour Issues
Rio Grande attorney, Aaron Ramirez, explains nicely the problems with seeking redress for wage violations from the Department of Labor. As he says, its better to seek relief through a private attorney.
Aaron points out for example that DOL does not normally seek liquidated damages. Liquidated damages is a phrase referring to monies used…
Job Accommodation Network: a Website with Ideas
By Thomas J. Crane on
Posted in Discrimination
Persons with disabilities always need information about possible accommodations. A great website is JAN (Job Accommodation Network) website sponsored by Dept. of Labor’s Office of Disability Employment Policy. There you can look at various accommodations based on the type of disability. There is a separate section for employers and employees.
Of course, the best…
Finding a Plaintiff Employment Lawyer is Never Easy
By Thomas J. Crane on
Posted in Litigation and trial practice
Looking for a lawyer is never easy. In the employment law business, many clients call me or other plaintiff employment lawyers at the last minute or close to the last minute. Typically, potential plaintiffs do not start calling lawyers until they receive the "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC). Most charging parties…
Follow the Golden Rule
By Thomas J. Crane on
Posted in General
"Do unto others as you would have others do unto you" The famous words known as the golden rule. Its a Christian precept designed to encourage us to treat others as we would like to be treated. Unfortunately, in the work place, we must sometimes treat others as we must in order to survive, or…