Category Archives: litigation

Will the EEOC Treat You Like A Criminal For Asking About Criminal Records?

A few practical ruminations…. Many of us remain a bit surprised that even the EEOC has so many problems with employers refusing to hire applicants with criminal records. certainly there are problems, but do the inquiries really warrant class action-type … Continue reading

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I Won My Case, But I Can’t Recover Those Costs?!

This post is mainly for lawyers, but non lawyers (i.e, “clients”) should also read it because almost every client I know has wanted to get every possible fee or cost back from unsuccessful plaintiffs from what they viewed as frivolous law suits.  Increasingly … Continue reading

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Count The Cost Before Waging The War

  An excellent piec by my Portland, Oregon partner, Rich Meneghello…. When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, … Continue reading

Posted in civil and criminal exposure, discipline and discharge, litigation, managing legal matters, settlement strategies, wage hour | Tagged , , | Leave a comment

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

OSHA Is Only the Appetizer

 An OSHA Inspection and citations often create the smallest liability associated with a workplace death, serious injury or major accident, but the facts and citations arising from that process will influence subsequent civil and criminal actions. I spoke a number of … Continue reading

Posted in civil and criminal exposure, combustible dust, construction, government inspections, litigation, OSHA | Tagged , , , , , , , | Leave a comment

Common ADA Screw-up’s – Not Documenting That Individual Interaction Process

Common ADA Screw-up’s – Not Documenting Individual Interaction With Employees Who May Have Disability Conditions I will start blogging about various common mistakes in several areas, including the ADA, OSHA compliance, and investigation/discipline and discharge. As a starting point, I … Continue reading

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Part 2 – Care and Feeding of Counsel

Posted below is Part 2 of my ruminations on selecting and managing labor counsel.  I prepared Part 1, the first 10 points,  after sharing my Las Vegas partner, Mark Ricciardi’s multi-part series on selecting employment counsel.  It is our hope that … Continue reading

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