Posts in Evidence.

Pregnant_womanA federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court's decision last year in Young v. UPS, and the result wasn't too good for the employer.

The Sheriff's Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn't provide it for anyone else. Plaintiff Ann Marie Legg, a corrections officer at the ...

Cracker Jack.flickrCC.MikeMozart
"Miss me yet?"

Remember this guy?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary in excess of $200,000 a year) when he was 63 years old and after he'd allegedly suffered a mini-stroke.

We had limited news reports this ...

Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I generally don't believe that lawsuits are the best way to resolve problems. (I realize that there are exceptions.)

BEFORE YOU GO ON, PLEASE READ THIS!!!! I ...

So you think you're ready to terminate an employee. Are you really?

Magic 8-Ball.flickrCC.WaiferX
"Uh-oh."

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We're providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers' termination, go here. For the testimony of Mr. Simers' psychiatrist earlier this week, go here.

Duel of the ...

"Too long, loved the judge, didn't believe either one of them but still think she may have been hurt, liked the firm but thought they should have done more."

A little Faruqi fix for those of you don't know what to do with yourselves now that the trial is over -- David Lat of Above the Law interviewed one of the jurors, who offered some excellent insights into why they did what they did. Definitely ...

As you may have seen, the jury in Marchuk v. Faruqi came back yesterday with a verdict for plaintiff Alexandra Marchuk, but it will not allow her to retire, nor will it even pay off her law school student loans.

Audience.flickrCC.StuartRichard Thousands gather at Employment & Labor Insider
to get the scoop.

Ms. Marchuk got a total of $140,000:

$70,000 in back pay

$20,000 in front pay

$5,000 in punitive damages against the law ...

The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here.

Advocate.flickrCC
"Ladies and gentlemen, she's a WOLF!"

In closing arguments, the attorney for the defendants called Ms. Marchuk a "wolf" and said she had made up her allegations to get money. Among other things, he noted ...

Venus Fly Trap
"It seemed like a good idea at the time . . ."

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal -- "Employee Theft Often Leads Small Firms to Make Bad Choices" -- as advising the "bogus RIF" strategy with employees who are suspected of theft.

Talk about bad choices!

What's the "bogus RIF" strategy? That's when you're ...

As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court's decision granting judgment to the defendants on her ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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