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Employee Rights Litigation: Pleading and Practice
Author:
National Employment Lawyers Association
(Author)
National Employment Lawyers Association; Clear and complete coverage of the basic legal standards governing the statutory and common law claims that can be raised on behalf of employees.
Publisher: Matthew Bender Elite Products
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Employee Rights Litigation: Pleading and Practice is a clear, complete coverage of the basic legal standards governing the statutory and common law claims that can be raised on behalf of employees. Its useful combination of plaintiff-oriented insight and analysis, along with strategic discussion of the substantive law from claim evaluation through litigation or settlement gives you the information you need to represent clients who have been victims of discriminatory treatment or wrongful discharge. A comprehensive practice guide to litigating employee claims under both federal and state laws, this publication gives you step-by-step guidance through:
• Initial client interview and case evaluation
• Potential causes of action
• Tax consequences of awards
• Attorneys' fees
Complete with special features such as useful notes, handy checklists, indispensable practice pointers, valuable cautions and warnings, citations to significant cases, and timesaving lists and charts.
Also available on LexisNexis CD Employment Law Library.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Chapter 1 Case and Client Evaluation
1.01 Introduction
1.02 The Initial Client Contact
1.03 The Investigation
1.04 Reviewing the Case
1.05 Case Analysis and Evaluation
1.06 Pre-Litigation Settlement
1.07 FORM: Model Telephone Inquiry Form
1.07A FORM: Intake Questionnaire
1.08 FORM: Sample Document Request Letter
1.09 FORM: Witness Information Checklist
1.10 FORM: Case Evaluation Checklist
1.11 FORM: Settlement--Alleged Damages Worksheet for Discharged Employee
1.12 FORM: Economic Impact Worksheet
1.13 FORM: Employment Questionnaire
Chapter 2 Title VII
2.01 Introduction
2.02 Discrimination Based on Specified Protected Classifications
2.03 Administrative Filings
2.04 Federal Court Complaints
2.05 Burdens of Proof and the Prima Facie Case
2.06 Class Actions and Their Application to Title VII Cases
2.07 Discovery
2.08 Use Of Experts
2.09 Pretrial and Trial
2.10 Remedies for Title VII Discrimination
2.11 FORM: Sample EEOC Charge of Discrimination (Form 5)
2.12 FORM: Sample Complaint in a Title VII Action Based on Race Discrimination by a Federal Employee
2.13 FORM: Sample Complaint in a Title VII Disparate Impact Class Action Based on Race Discrimination (Testing)
2.14 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Race Discrimination
2.15 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Reverse Race Discrimination
2.16 FORM: Sample Complaint in a Title VII Disparate Treatment and Disparate Impact Class Action Based on Sex ...
2.17 FORM: Sample Complaint in a Title VII Disparate Treatment and Disparate Impact Class Action Based on Sex ...
2.18 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination
2.19 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Sexual ...
2.20 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination and Age ...
2.21 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Denial of ...
2.22 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Pregnancy); ...
2.23 FORM: Sample Complaint in a Title VII Action for Discrimination Based on National Origin; Intentional Infliction ...
2.24 FORM: Sample Complaint in a Title VII Action Based on Religious Discrimination
2.25 FORM: Sample Interrogatories in a Title VII Class Action (General)
2.26 FORM: Sample Interrogatories in a Title VII Action (General)
2.27 FORM: Sample First Set of Interrogatories to Defendant in a Title VII Action for Discrimination Based on ...
2.28 FORM: Sample Request for Production of Documents in a Title VII Action (General)
2.29 FORM: Sample Request for Production of Documents in a Title VII Action (General)
2.30 FORM: Sample Requests for Admission in a Title VII Action Based on Race Discrimination and Sex Discrimination
2.31 FORM: Sample Request for Admission and Interrogatories in a Title VII Action Based on Sex Discrimination
2.32 FORM: Sample Discovery Requests to Use with Expert Witnesses in a Title VII Action Alleging Race Discrimination
2.33 FORM: Sample Plaintiff's Motion to Compel Discovery in a Title VII Action
2.34 FORM: Sample Notice to take Deposition in a Title VII Action
2.35 FORM: Sample Letter to Client Regarding Deposition in a Title VII Action
2.36 FORM: Sample Memo to Clients Regarding Deposition and the Duty to Mitigate Damages in a Title VII Action
2.37 FORM: Sample Letter Accompanying Subpoena to Witness in a Title VII Action
2.38 FORM: Sample Motion to Quash Subpoena in a Title VII Action
2.39 FORM: Sample Memorandum of Law in Support of Motion to Quash Subpoena in a Title VII Action
2.40 FORM: Sample Motion in Limine in a Title VII Action
2.41 FORM: Sample Affidavit in Support of Plaintiff's Motion in Limine in a Title VII Action
2.42 FORM: Sample Pretrial Order in a Title VII Action Based on Religious Discrimination
2.43 FORM: Sample Order Directing Class Notice in a Title VII Action
2.44 FORM: Sample Notice of Proposed Settlement in a Title VII Class Action
2.45 FORM: Sample Notice of Pendency of Action and Proposed Class Settlement in a Title VII Action Based on Sex ...
2.46 FORM: Sample Settlement Agreement in a Title VII Action Based on Sex Discrimination
2.47 FORM: Sample Settlement Agreement and General Release in a Title VII and ADEA Action
2.48 FORM: Sample Settlement Order in a Title VII Action Based on Sex Discrimination (Hiring)
2.49 FORM: Sample Stipulation of Settlement and Order in a Title VII Action Based on Race Discrimination
2.50 FORM: Sample Release in a Class Action (Named Plaintiff) in a Title VII Action Based on Sex Discrimination (Hiring)
2.51 FORM: Sample Release in a Class Action (Members of the Class) in a Title VII Action Based on Sex Discrimination ...
2.52 FORM: Sample Consent Decree in a Title VII Action Based on Sex Discrimination (Hiring)
2.53 FORM: Sample Consent Decree in a Title VII Action Based on Sex and Race Discrimination
2.54 FORM: Sample Proposed Jury Instructions on Title VII and Florida Civil Rights Act Claims Alleging Hostile ...
2.55 FORM: Sample Jury Instructions for a Sexual Harassment Action
Chapter 3 The Age Discrimination in Employment Act
3.01 Introduction
3.02 Administrative Filings
3.03 The Basic Legal Theories of Discrimination Based on Age
3.04 Statutory Defenses and Exclusions
3.05 Pre-trial Motions
3.06 Expert Testimony
3.07 Class Actions
3.08 Jury Trials and Charges
3.09 Remedies
3.10 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Involving Unlawful Termination
3.11 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Including a Cause of Action for Breach of ...
3.12 FORM: Sample Second Amended Complaint in Age Discrimination Case Including Causes of Action for: Violation of ...
3.13 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: Sex ...
3.14 FORM: Sample Complaint in Age Discrimination Case Involving Negligent Misrepresentation
3.15 FORM: Sample Verified Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: ...
3.16 FORM: Sample Verified Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: ...
3.17 FORM: Sample Complaint in Age Discrimination Case with Pendent State Claim Based on Physical Disability
3.18 FORM: Sample Complaint in Age Discrimination Claim with Pendent State Claim for Retaliatory Discharge
3.19 FORM: Sample Interrogatories in Age and Sex Discrimination Case
3.20 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.21 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.22 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.23 FORM: Sample Interrogatories and Request for Production of Documents in Age Discrimination Case
3.24 FORM: Sample Proposed Voir Dire and Voir Dire Questions in Age Discrimination Case
3.25 FORM: Sample Proposed Voir Dire in Age Discrimination Case
3.26 FORM: Sample Consent to Join in Class Action in Age Discrimination Case
3.27 FORM: Sample Notice of Class Action Suit in Age Discrimination Case
3.28 FORM: Sample Jury Charges-Wrongful Termination of Employment in Age Discrimination Case
3.29 FORM: Sample Jury Charges in Age Discrimination Case Including Causes of Action for: Failure to Promote; ...
3.30 FORM: Sample Supplemental Jury Charges in Age Discrimination Case
3.31 FORM: Sample Supplemental Jury Charges in Age Discrimination Case
3.32 FORM: Sample Jury Charges in Age Discrimination Case Including Causes of Action for Wrongful Termination of ...
3.33 FORM: Sample Juror Interrogatories in Age Discrimination Case
3.34 FORM: Sample Settlement Agreement in Age and Sex Discrimination Case
3.35 FORM: Sample Settlement Agreement in Age and National Origin Discrimination Case
Chapter 4 The Equal Pay Act
4.01 Introduction
4.02 Administrative Filings
4.03 Federal Court Complaints
4.04 Statutory Defenses and Proofs
4.05 Good Faith Defenses
4.06 Issues of Proof
4.07 Class Actions--Opting in Requirement
4.08 Discovery
4.09 Use of Experts
4.10 Jury Trials and Charges
4.11 Remedies
4.12 Interaction of Equal Pay Act with Title VII
4.13 FORM: Sample Complaint in Equal Pay Act Case Involving Factory Workers
4.14 FORM: Sample Requests for Admissions in an Equal Pay Act Case Involving University Faculty Members
4.15 FORM: Sample Interrogatories in an Equal Pay Act Case Involving University Faculty Members
4.16 FORM: Sample Requests to Produce in an Equal Pay Act Case Involving University Faculty Members
4.17 FORM: Sample Deposition Notice in an Equal Pay Act Case Involving University Faculty Members
4.18 FORM: Sample Jury Charge in an Equal Pay Act Case Involving Female Custodians and Male Laborers
Chapter 5 The Rehabilitation Act
5.01 Introduction
5.02 The Rehabilitation Act of 1973
5.03 The Basic Legal Theories of Discrimination on the Basis of Handicap
5.04 Section 501 of the Rehabilitation Act
5.05 Section 503 of the Rehabilitation Act
5.06 Section 504 of the Rehabilitation Act
5.07 Attorneys' Fees Under the Rehabilitation Act
5.08 L.M.R.A. Section 301 and Discrimination: Hybrid Actions
5.09 FORM: Sample Complaints in Rehabilitation Act Cases
5.10 FORM: Sample Requests for Admission in a Rehabilitation Act Case
5.11 FORM: Sample Demands for Production in a Rehabilitation Act Case
5.12 FORM: Sample Interrogatories in a Rehabilitation Act Case
5.13 FORM: Sample Notice of Motion for Partial Summary Judgment
5.14 FORM: Sample Statement Pursuant to Civil Rule 3(g) of the United States District Court for the Southern District ...
5.15 FORM: Sample Counterstatement Pursuant to Civil Rule 3(g) of the United States District Court for the Southern ...
Chapter 5A The Americans With Disabilities Act of 1990
5A.01 Introduction
5A.02 Coverage
5A.03 Who Is Protected; the Definition of "Disability"
5A.04 Theories of Discrimination
5A.05 Employer Defenses
5A.06 Medical Examinations and Inquiries About Disabilities
5A.07 Enforcement
5A.08 FORM: Sample Jury Charges for an ADA Action
Chapter 5B The Family and Medical Leave Act of 1993
5B.01 Introduction
5B.02 Covered Employers
5B.03 Eligible Employees
5B.04 Calculation of the Leave Period
5B.05 Leave Entitlements
5B.06 Leave Requirements
5B.07 Enforcement
5B.08 Miscellaneous Provisions
5B.09 Survey of State Family and Medical Leave Statutes
5B.10 FORM: Sample Civil Court Complaint Charging FMLA Violation
5B.11 FORM: Sample Complaint For Disability Discrimination Charging Violation of FMLA and State Claims; Injunctive ...
5B.12 FORM: Sample Interrogatories To Defendant in Disability Discrimination Case
5B.13 Sample Request For Admissions and Interrogatories in Disability Discrimination Case
5B.14 Sample Request For Production of Documents in Disability Discrimination Case
5B.15 Sample Department of Labor Form For Certification of Physician or Practitioner
Chapter 6 Wrongful Discharge
6.01 Introduction; the Employment-at-Will Doctrine
6.02 The Covenant of Good Faith and Fair Dealing
6.03 Retaliatory Discharge
6.04 CHART: State Survey of Case Law in Wrongful Discharge Actions
Chapter 7 Miscellaneous Common Law Causes of Action in The Workplace
7.01 Introduction
7.02 False Imprisonment in the Workplace
7.03 Invasion of Privacy in the Workplace
7.04 Defamation in the Workplace
7.05 Negligent Misrepresentation in the Workplace
7.06 Negligent Infliction of Emotional Harm in the Workplace
7.07 Negligence by Outside Contractors Resulting in Harm to Employees in the Workplace
7.07A Tortious Interference with Contract
7.07B Fraudulent Misrepresentation
7.07C Intentional Infliction of Emotional Distress
7.08 FORM: Sample Complaint in Action for Promissory Estoppel; Negligent Misrepresentation
7.09 FORM: Sample Complaint in Action for Breach of Contract; Promissory Estoppel; and Negligent Misrepresentation
7.10 FORM: Sample Complaint in Action for Breach of Express and Implied Contract; Negligence by Employer and ...
7.11 FORM: Sample Complaint in Action for Breach of Contract; Tortious Interference with Contract; Defamation; ...
7.12 FORM: Sample Complaint in Action for Breach of Contract; Race Discrimination; Retaliatory Discharge-Opposing ...
7.13 FORM: Sample Complaint in Action for Breach of Contract; Fraud; Negligent Misrepresentation; Promissory ...
7.14 FORM: Sample Complaint in Action for Breach of Contract (Employee Handbook); Defamation; Negligent ...
7.15 FORM: Sample Complaint in Action for Breach of Contract and Defamation
7.16 FORM: Sample Complaint in Action for Breach of Contract (Policy Statement); Federal Court-Diversity Jurisdiction
7.17 FORM: Sample Complaint in Action for Breach of Contract (Disciplinary Policy)
7.18 FORM: Sample Complaint in Action for Breach of Contract (Policy and Procedures)
7.19 FORM: Sample Complaint in Action for Wrongful Demotion; Breach of Contract; and Intentional Infliction of ...
7.20 FORM: Sample Complaint in Action for Breach of Contract; Promissory Estoppel; Intentional Infliction of ...
7.21 FORM: Sample Complaint in Action for Breach of Contract (Policy); Breach of Promise to Promote; Fraudulent ...
7.22 FORM: Sample Complaint in Action for Breach of Contract and Breach of Covenant of Good Faith and Fair Dealing
7.23 FORM: Sample Complaint in Action for Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing; and ...
7.24 FORM: Sample Complaint in Action for Breach of Contract; Wrongful Termination; Breach of Covenant of Good Faith ...
7.25 FORM: Sample Complaint in Action for Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing; ...
7.26 FORM: Sample Complaint in Action for Retaliatory Discharge (Whistleblowing); Negligent Misrepresentation; ...
7.27 FORM: Sample Complaint in Action for Retaliatory Discharge (Whistleblowing)
7.28 FORM: Sample Complaint in Action for Retaliatory Discharge (Based on Claims Made in Divorce Action); Intentional ...
7.29 FORM: Sample Complaint in Action for Retaliatory Discharge (Expressing Intent to File Workers' Compensation Claim)
7.30 FORM: Sample Complaint in Action for Retaliatory Discharge; Malicious Prosecution; Tortious Interference With ...
7.31 FORM: Sample Complaint in Action for False Imprisonment; Assault and Battery; Defamation; Intentional Infliction ...
7.32 FORM: Sample Complaint in Action for Defamation Alleging False Accusation of Theft and Abuse of Qualified ...
7.33 FORM: Sample Complaint in Action for Defamation Alleging False Accusations of Sexual Harassment and Abuse of ...
7.34 FORM: Sample Complaint in Action for Defamation and Intentional Infliction of Emotional Distress Alleging False ...
7.35 FORM: Sample Complaint in Action for Defamation Alleging False Accusation of Conversion and Drug Use
7.36 FORM: Sample Complaint for Defamation Alleging False Accusation of Criminal Activity
7.37 FORM: Sample Complaint in Action for Defamation Alleging False Statements by Former Employee Implying ...
7.38 FORM: Sample Complaint in Action for Retaliatory Dis charge (Based on Performance of Duty and Exercise of First ...
7.39 FORM: Sample Complaint in Action for Wrongful Discharge Alleging Consultant's Negligence; Federal Court ...
7.40 FORM: Sample Complaint in Action for Wrongful Discharge Based on Infection with HIV
7.41 FORM: Sample Interrogatories in Action for Breach of Contract and Promissory Estoppel
7.42 FORM: Sample Interrogatories in Action for Breach of Implied Contract
7.43 FORM: Sample Interrogatories in Action for Retaliatory Discharge
7.44 FORM: Sample Interrogatories in Action for Retaliatory Discharge (Alternate)
7.45 FORM: Sample Plaintiff's Interrogatories in Action for Defamation; False Charge of Sexual Harrassment by Employee
7.46 FORM: Sample Interrogatories For Damages-Employer Net Worth
7.47 FORM: Sample Request for Admission in Action for Retaliatory Discharge
7.48 FORM: Sample Request for Production of Documents in Action for Wrongful Discharge and/or Discrimination
7.49 FORM: Sample Request for Production of Documents in Action for Retaliatory Discharge
7.50 FORM: Sample Plaintiff's Request for Production of Documents in Action for Defamation
7.51 FORM: Sample Plaintiff's Request for Production of Documents in Action for Defamation
7.52 FORM: Sample Settlement Agreement in Action for Breach of Implied or Express Employment Contract; Promissory ...
7.53 FORM: Sample Voir Dire--Examination of Prospective Jurors Involving Causes of Action for Breach of Contract; ...
7.54 FORM: Sample Jury Charges in Action for Breach of Express Oral Contract; Statute of Frauds; Contract Damages; ...
7.55 FORM: Sample Jury Charges in Action for Wrongful Discharge Based on Breach of Contract and Promissory Estoppel
7.56 FORM: Sample Jury Charges in Action for Breach of Contract (Employment Handbook)
7.57 FORM: Sample Jury Charges in Action for Breach of Contract; Covenant of Good Faith and Fair Dealing; and Fraud
7.58 FORM: Sample Jury Charges in Action for False Imprisonment
7.59 FORM: Sample Jury Charges in Action for Civil Assault and Battery
7.60 FORM: Sample Jury Charges in Action for Intentional Infliction of Emotional Distress
7.61 FORM: Sample Jury Charges in Action for Defamation
7.62 FORM: Sample Jury Charges for Damages Issue in Action for False Imprisonment, Civil Assault and Battery, ...
7.63 FORM: Sample Jury Charges in Action for Interference With Business, Economic and Contractual Relations
7.64 FORM: Sample Jury Charges Applicable to a Cause of Action for Negligence
7.65 FORM: Sample Plaintiff's Request for Jury Interrogatories
7.66 FORM: Sample Interrogatories to Jurors
7.67 FORM: Sample Special Interrogatories to Jurors in Action for Promissory Estoppel and Tort Claims
Chapter 8 Section
8.01 Introduction
8.02 Statutory Language and Jurisdictional Framework
8.03 History of Section 1981
8.04 Prohibited Bases of Discrimination
8.05 Types of Employers Covered
8.06 Statement and Proof of Cause of Action
8.07 Discovery
8.08 Proof of Discriminatory Intent
8.09 Burdens and Order of Presentation of Proof
8.10 The Defense of Res Judicata
8.11 Damages and Injunctive Relief
8.12 Relationship of Section 1981 to Title VII and Other Statutes
8.13 Comparison of Section 1981 and Title VII
8.14 FORM: Sample Complaint in Action Based on Race and Sex Discrimination Alleging Violations of Section 1981, Title ...
8.15 FORM: Sample Complaint in Action Based on Race Discrimination Alleging Violations of Section 1981, Title VII, ...
Chapter 9 Discrimination Claims Under ERISA
9.01 Introduction
9.02 Plans Covered By ERISA
9.03 ERISA Participation and Vesting Requirements
9.04 ERISA Section 510
9.05 Section 510 Procedural Issues
9.06 Section 510 Complaint
9.07 Discovery
9.08 Use of Experts
9.09 Attorney/Client Privilege
9.10 FORM: Sample Complaint Alleging Interference with Pension Benefits Under ERISA (29 U.S.C. 1140)
9.11 FORM: Complaint Alleging Violations of ERISA and Breach of Contract
9.12 FORM: Sample Complaint Alleging Interference with Health Benefits Under ERISA (29 U.S.C. 1140) and State Claim ...
9.13 [Reserved]
9.14 FORM: Sample Letter Requesting Plan Information
9.15 FORM: Plaintiffs First Set of Interrogatories in an Action for Interference with Pension Benefits Under ERISA ...
9.16 FORM: Plaintiff's First Set of Requests for Production of Documents in an Action for Interference with Pension ...
9.17 FORM: Plaintiff's First Set of Requests for Admissions in an Action for Interference with Pension Benefits Under ...
9.18 FORM: Sample Notice to Take Deposition in an Action for Interference with Pension Benefits Under ERISA (29 ...
Chapter 10 Duty of Fair Representation
10.01 Introduction
10.02 Historical Development
10.03 Jurisdictional Issues
10.04 Issues of Proof
10.05 Investigating the Claim
10.06 Filing the Complaint
10.07 Discovery
10.08 Pre-Trial Motions/Right to a Jury Trial
10.09 Remedies
10.10 FORM: Sample Complaint in Action for Breach of Duty of Fair Representation
10.11 FORM: Sample Request for Production of Documents for Inspection to Defendant Union in Action for Breach of Duty ...
10.12 FORM: Sample Request for Production of Documents for Inspection to Defendant Company in Action for Breach of ...
10.13 FORM: Sample Interrogatories to Defendant Union in Action for Breach of Duty of Fair Representation
10.14 FORM: Sample Interrogatories to Defendant Company in Action for Breach of Duty of Fair Representation
Chapter 11 Retaliatory Discrimination for Exercising Workers' Compensation Rights
11.01 Introduction
11.02 Nature of the Action
11.03 Elements of the Claim
11.04 Statutory and Common Law Complaints
11.05 Investigation and Discovery
11.06 Allocations of Burdens of Production and Burdens of Proof
11.07 Employer's Defenses
11.08 Remedies
11.09 CHART: State Survey of Retaliatory Discharge Claim Based on Exercise of Workers' Compensation Rights
11.10 FORM: Workers' Compensation Board Discharge or Discrimination Form Complaint (New York)
11.11 FORM: Sample Interrogatories and Request for Production of Documents; Retaliatory Discharge Claim Based on ...
11.12 FORM: Sample Subpoena Duces Tecum to Department of Labor; Retaliatory Discharge Based on Workers' Compensation Claim
11.13 FORM: Sample Subpoena Duces Tecum to Employer; Retaliatory Discharge Based on Workers' Compensation Claim
11.14 FORM: Sample Memorandum of Law in Support of Complaint for Retaliatory Discharge Based on Workers' Compensation ...
Chapter 12 Tax Treatment of Discrimination and Other Employee Recoveries
12.01 Introduction
12.02 The Small Business Job Protection Act of 1996
12.03 Back Pay Awards
12.04 Severance Pay
12.05 Contract As Opposed To Personal Injury Claims
12.06 Employment Tax Consequences of Characterization
12.07 Discrimination Recoveries
12.08 Sex Discrimination Recoveries
12.09 Age Discrimination Recoveries
12.10 Racial Discrimination Recoveries
12.11 Disability Discrimination Recoveries
12.12 Wrongful Termination Recoveries
12.13 Punitive Damages
12.14 Settling Employment Claims
Chapter 13 Attorneys' Fees
13.01 Entitlement
13.02 Calculation of the Fee Award
13.03 Retainer Agreements and Time Keeping Procedures
13.04 Settlement
13.05 Discovery
13.06 Litigation of the Fee Issue
13.07 Importance of the Fee Motion
13.08 FORM: Sample Retainer Agreement: Seventy-Five Percent (75%)
13.09 [Reserved]
13.09A FORM: Sample Retainer Agreement: Contingency
13.10 FORM: Sample Retainer Agreement: Class Action
13.11 FORM: Sample Settlement Letter
13.12 FORM: Sample Plaintiff's Request For Production of Documents re Attorneys' Fees; Private Defendant
13.13 FORM: Sample Plaintiff's Request For Production of Documents; Government Agency Defendant
13.14 FORM: Sample Plaintiff's Request For Interrogatories re Attorneys' Fees; Private Defendant
13.15 FORM: Sample Plaintiff's Requests for Interrogatories re Attorneys' Fees; Government Agency Defendant
13.16 [Reserved]
13.17 Sample Time Records
13.18 [Reserved]
13.19 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.20 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Affidavit in Support of ...
13.21 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.22 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.23 Sample Declaration In Support of Plaintiff's Application For Attorneys' Fees; Establishment of Market Rate
13.24 FORM:Sample Declaration In Support of Plaintiff's Application For Attorneys' Fees; Establishment of Market Rate
13.25 Sample Declaration of Plaintiff's Attorney in Connection with Motion for Attorneys' Fees and Costs
Appendix 13A [Reserved]
Appendix 13B Sample Memorandum of Law
Sample Memorandum of Law
Chapter 14 Employee and Applicant Testing
14.01 Introduction
14.02 Drug Testing
14.03 AIDS Testing
14.04 Polygraph Testing
14.05 Written Psychological Testing
14.05A Other Forms of Testing
14.06 FORM: Sample Complaints in Actions Alleging Violation of Employee Polygraph Protection Act
14.07 FORM: Sample Complaints for Damages Based on Medical Testing
14.08 FORM: Sample Complaint for Damages and Injunctive Relief Based on Pre-employment Psychological and Other ...
14.09 FORM: Sample First Request for Interrogatories in Action Based on Pre-employment Psychological and Other ...
14.10 FORM: Sample Second Request for Interrogatories in Action Based on Pre-employment Psychological and Other ...
14.11 FORM: Sample Request for Production of Documents in Action Based on Pre-employment Psychological and Other ...
Chapter 15 Labor-Management Reporting And Disclosure Act
15.01 Introduction
15.02 Statutory Provisions
15.03 Rights of Unions' Employees
15.04 Litigating a Case Under Title I of the LMRDA
15.05 FORM: Sample Complaint in Action Alleging Violations of LMRDA and Title VII
15.06 FORM: Sample Interrogatories and Request for Production of Documents in Action Alleging Violations of LMRDA and ...
15.07 FORM: Plaintiff's Proposed Voir Dire Questions in Action Alleging Violations of LMRDA and Title VII
15.08 FORM: Sample Jury Charges-- Violation of Rights Under Title I of the LMRDA
Chapter 15A Fair Labor Standards Act
15A.01 Overview of Federal Wage and Hour Law
15A.02 Protections Provided by FLSA
15A.03 FLSA Coverage
15A.04 Exemptions from FLSA Coverage
15A.05 FLSA Procedures
Chapter 16 Arbitration In the Securities Industry
16.01 Introduction
16.02 Gilmer v. Interstate/Johnson Lane Corp
16.03 The Lower Courts' Application of Gilmer
16.04 Registered Representatives' Efforts to Avoid Arbitration
16.05 A Short-Lived Distinction Between Registration with the NYSE and the NASD
16.06 The Ninth Circuit's Scrutiny of Registered Representatives' Knowing and Voluntary Waiver of Employment Claims
16.07 The Duffield Decision
16.08 The NASD Rule Change
16.09 Procedural Issues
16.10 Conclusion
Chapter 17 The Worker Adjustment and Retraining Notification Act
17.01 Introduction
17.02 Who Is Covered By WARN
17.03 Plant Closings and Mass Layoffs
17.04 Who Must Receive Notice
17.05 Content of Notice
17.06 Exception to the 60-Day Notice Requirement
17.07 Exemptions from the Act
17.08 WARN Act Administration and Enforcement
17.09 Remedies for Violations of WARN
17.10 Notice Encouraged Where Not Required
Chapter 18 Family Responsibilities Discrimination
18.01 Family Responsibilities Discrimination Defined
18.02 Statistics
18.03 Legal Underpinnings of FRD Claims
18.04 Nature of Stereotypes and Disparate Treatment That Give Rise to FRD Claims
18.05 Illustrative FRD Cases
18.06 Sample Complaint
1.01 Introduction
1.02 The Initial Client Contact
1.03 The Investigation
1.04 Reviewing the Case
1.05 Case Analysis and Evaluation
1.06 Pre-Litigation Settlement
1.07 FORM: Model Telephone Inquiry Form
1.07A FORM: Intake Questionnaire
1.08 FORM: Sample Document Request Letter
1.09 FORM: Witness Information Checklist
1.10 FORM: Case Evaluation Checklist
1.11 FORM: Settlement--Alleged Damages Worksheet for Discharged Employee
1.12 FORM: Economic Impact Worksheet
1.13 FORM: Employment Questionnaire
Chapter 2 Title VII
2.01 Introduction
2.02 Discrimination Based on Specified Protected Classifications
2.03 Administrative Filings
2.04 Federal Court Complaints
2.05 Burdens of Proof and the Prima Facie Case
2.06 Class Actions and Their Application to Title VII Cases
2.07 Discovery
2.08 Use Of Experts
2.09 Pretrial and Trial
2.10 Remedies for Title VII Discrimination
2.11 FORM: Sample EEOC Charge of Discrimination (Form 5)
2.12 FORM: Sample Complaint in a Title VII Action Based on Race Discrimination by a Federal Employee
2.13 FORM: Sample Complaint in a Title VII Disparate Impact Class Action Based on Race Discrimination (Testing)
2.14 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Race Discrimination
2.15 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Reverse Race Discrimination
2.16 FORM: Sample Complaint in a Title VII Disparate Treatment and Disparate Impact Class Action Based on Sex ...
2.17 FORM: Sample Complaint in a Title VII Disparate Treatment and Disparate Impact Class Action Based on Sex ...
2.18 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination
2.19 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Sexual ...
2.20 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination and Age ...
2.21 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Denial of ...
2.22 FORM: Sample Complaint in a Title VII Disparate Treatment Action Based on Sex Discrimination (Pregnancy); ...
2.23 FORM: Sample Complaint in a Title VII Action for Discrimination Based on National Origin; Intentional Infliction ...
2.24 FORM: Sample Complaint in a Title VII Action Based on Religious Discrimination
2.25 FORM: Sample Interrogatories in a Title VII Class Action (General)
2.26 FORM: Sample Interrogatories in a Title VII Action (General)
2.27 FORM: Sample First Set of Interrogatories to Defendant in a Title VII Action for Discrimination Based on ...
2.28 FORM: Sample Request for Production of Documents in a Title VII Action (General)
2.29 FORM: Sample Request for Production of Documents in a Title VII Action (General)
2.30 FORM: Sample Requests for Admission in a Title VII Action Based on Race Discrimination and Sex Discrimination
2.31 FORM: Sample Request for Admission and Interrogatories in a Title VII Action Based on Sex Discrimination
2.32 FORM: Sample Discovery Requests to Use with Expert Witnesses in a Title VII Action Alleging Race Discrimination
2.33 FORM: Sample Plaintiff's Motion to Compel Discovery in a Title VII Action
2.34 FORM: Sample Notice to take Deposition in a Title VII Action
2.35 FORM: Sample Letter to Client Regarding Deposition in a Title VII Action
2.36 FORM: Sample Memo to Clients Regarding Deposition and the Duty to Mitigate Damages in a Title VII Action
2.37 FORM: Sample Letter Accompanying Subpoena to Witness in a Title VII Action
2.38 FORM: Sample Motion to Quash Subpoena in a Title VII Action
2.39 FORM: Sample Memorandum of Law in Support of Motion to Quash Subpoena in a Title VII Action
2.40 FORM: Sample Motion in Limine in a Title VII Action
2.41 FORM: Sample Affidavit in Support of Plaintiff's Motion in Limine in a Title VII Action
2.42 FORM: Sample Pretrial Order in a Title VII Action Based on Religious Discrimination
2.43 FORM: Sample Order Directing Class Notice in a Title VII Action
2.44 FORM: Sample Notice of Proposed Settlement in a Title VII Class Action
2.45 FORM: Sample Notice of Pendency of Action and Proposed Class Settlement in a Title VII Action Based on Sex ...
2.46 FORM: Sample Settlement Agreement in a Title VII Action Based on Sex Discrimination
2.47 FORM: Sample Settlement Agreement and General Release in a Title VII and ADEA Action
2.48 FORM: Sample Settlement Order in a Title VII Action Based on Sex Discrimination (Hiring)
2.49 FORM: Sample Stipulation of Settlement and Order in a Title VII Action Based on Race Discrimination
2.50 FORM: Sample Release in a Class Action (Named Plaintiff) in a Title VII Action Based on Sex Discrimination (Hiring)
2.51 FORM: Sample Release in a Class Action (Members of the Class) in a Title VII Action Based on Sex Discrimination ...
2.52 FORM: Sample Consent Decree in a Title VII Action Based on Sex Discrimination (Hiring)
2.53 FORM: Sample Consent Decree in a Title VII Action Based on Sex and Race Discrimination
2.54 FORM: Sample Proposed Jury Instructions on Title VII and Florida Civil Rights Act Claims Alleging Hostile ...
2.55 FORM: Sample Jury Instructions for a Sexual Harassment Action
Chapter 3 The Age Discrimination in Employment Act
3.01 Introduction
3.02 Administrative Filings
3.03 The Basic Legal Theories of Discrimination Based on Age
3.04 Statutory Defenses and Exclusions
3.05 Pre-trial Motions
3.06 Expert Testimony
3.07 Class Actions
3.08 Jury Trials and Charges
3.09 Remedies
3.10 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Involving Unlawful Termination
3.11 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Including a Cause of Action for Breach of ...
3.12 FORM: Sample Second Amended Complaint in Age Discrimination Case Including Causes of Action for: Violation of ...
3.13 FORM: Sample Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: Sex ...
3.14 FORM: Sample Complaint in Age Discrimination Case Involving Negligent Misrepresentation
3.15 FORM: Sample Verified Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: ...
3.16 FORM: Sample Verified Complaint and Jury Demand in Age Discrimination Case Including Causes of Action for: ...
3.17 FORM: Sample Complaint in Age Discrimination Case with Pendent State Claim Based on Physical Disability
3.18 FORM: Sample Complaint in Age Discrimination Claim with Pendent State Claim for Retaliatory Discharge
3.19 FORM: Sample Interrogatories in Age and Sex Discrimination Case
3.20 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.21 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.22 FORM: Sample Request for Production of Documents in Age Discrimination Case
3.23 FORM: Sample Interrogatories and Request for Production of Documents in Age Discrimination Case
3.24 FORM: Sample Proposed Voir Dire and Voir Dire Questions in Age Discrimination Case
3.25 FORM: Sample Proposed Voir Dire in Age Discrimination Case
3.26 FORM: Sample Consent to Join in Class Action in Age Discrimination Case
3.27 FORM: Sample Notice of Class Action Suit in Age Discrimination Case
3.28 FORM: Sample Jury Charges-Wrongful Termination of Employment in Age Discrimination Case
3.29 FORM: Sample Jury Charges in Age Discrimination Case Including Causes of Action for: Failure to Promote; ...
3.30 FORM: Sample Supplemental Jury Charges in Age Discrimination Case
3.31 FORM: Sample Supplemental Jury Charges in Age Discrimination Case
3.32 FORM: Sample Jury Charges in Age Discrimination Case Including Causes of Action for Wrongful Termination of ...
3.33 FORM: Sample Juror Interrogatories in Age Discrimination Case
3.34 FORM: Sample Settlement Agreement in Age and Sex Discrimination Case
3.35 FORM: Sample Settlement Agreement in Age and National Origin Discrimination Case
Chapter 4 The Equal Pay Act
4.01 Introduction
4.02 Administrative Filings
4.03 Federal Court Complaints
4.04 Statutory Defenses and Proofs
4.05 Good Faith Defenses
4.06 Issues of Proof
4.07 Class Actions--Opting in Requirement
4.08 Discovery
4.09 Use of Experts
4.10 Jury Trials and Charges
4.11 Remedies
4.12 Interaction of Equal Pay Act with Title VII
4.13 FORM: Sample Complaint in Equal Pay Act Case Involving Factory Workers
4.14 FORM: Sample Requests for Admissions in an Equal Pay Act Case Involving University Faculty Members
4.15 FORM: Sample Interrogatories in an Equal Pay Act Case Involving University Faculty Members
4.16 FORM: Sample Requests to Produce in an Equal Pay Act Case Involving University Faculty Members
4.17 FORM: Sample Deposition Notice in an Equal Pay Act Case Involving University Faculty Members
4.18 FORM: Sample Jury Charge in an Equal Pay Act Case Involving Female Custodians and Male Laborers
Chapter 5 The Rehabilitation Act
5.01 Introduction
5.02 The Rehabilitation Act of 1973
5.03 The Basic Legal Theories of Discrimination on the Basis of Handicap
5.04 Section 501 of the Rehabilitation Act
5.05 Section 503 of the Rehabilitation Act
5.06 Section 504 of the Rehabilitation Act
5.07 Attorneys' Fees Under the Rehabilitation Act
5.08 L.M.R.A. Section 301 and Discrimination: Hybrid Actions
5.09 FORM: Sample Complaints in Rehabilitation Act Cases
5.10 FORM: Sample Requests for Admission in a Rehabilitation Act Case
5.11 FORM: Sample Demands for Production in a Rehabilitation Act Case
5.12 FORM: Sample Interrogatories in a Rehabilitation Act Case
5.13 FORM: Sample Notice of Motion for Partial Summary Judgment
5.14 FORM: Sample Statement Pursuant to Civil Rule 3(g) of the United States District Court for the Southern District ...
5.15 FORM: Sample Counterstatement Pursuant to Civil Rule 3(g) of the United States District Court for the Southern ...
Chapter 5A The Americans With Disabilities Act of 1990
5A.01 Introduction
5A.02 Coverage
5A.03 Who Is Protected; the Definition of "Disability"
5A.04 Theories of Discrimination
5A.05 Employer Defenses
5A.06 Medical Examinations and Inquiries About Disabilities
5A.07 Enforcement
5A.08 FORM: Sample Jury Charges for an ADA Action
Chapter 5B The Family and Medical Leave Act of 1993
5B.01 Introduction
5B.02 Covered Employers
5B.03 Eligible Employees
5B.04 Calculation of the Leave Period
5B.05 Leave Entitlements
5B.06 Leave Requirements
5B.07 Enforcement
5B.08 Miscellaneous Provisions
5B.09 Survey of State Family and Medical Leave Statutes
5B.10 FORM: Sample Civil Court Complaint Charging FMLA Violation
5B.11 FORM: Sample Complaint For Disability Discrimination Charging Violation of FMLA and State Claims; Injunctive ...
5B.12 FORM: Sample Interrogatories To Defendant in Disability Discrimination Case
5B.13 Sample Request For Admissions and Interrogatories in Disability Discrimination Case
5B.14 Sample Request For Production of Documents in Disability Discrimination Case
5B.15 Sample Department of Labor Form For Certification of Physician or Practitioner
Chapter 6 Wrongful Discharge
6.01 Introduction; the Employment-at-Will Doctrine
6.02 The Covenant of Good Faith and Fair Dealing
6.03 Retaliatory Discharge
6.04 CHART: State Survey of Case Law in Wrongful Discharge Actions
Chapter 7 Miscellaneous Common Law Causes of Action in The Workplace
7.01 Introduction
7.02 False Imprisonment in the Workplace
7.03 Invasion of Privacy in the Workplace
7.04 Defamation in the Workplace
7.05 Negligent Misrepresentation in the Workplace
7.06 Negligent Infliction of Emotional Harm in the Workplace
7.07 Negligence by Outside Contractors Resulting in Harm to Employees in the Workplace
7.07A Tortious Interference with Contract
7.07B Fraudulent Misrepresentation
7.07C Intentional Infliction of Emotional Distress
7.08 FORM: Sample Complaint in Action for Promissory Estoppel; Negligent Misrepresentation
7.09 FORM: Sample Complaint in Action for Breach of Contract; Promissory Estoppel; and Negligent Misrepresentation
7.10 FORM: Sample Complaint in Action for Breach of Express and Implied Contract; Negligence by Employer and ...
7.11 FORM: Sample Complaint in Action for Breach of Contract; Tortious Interference with Contract; Defamation; ...
7.12 FORM: Sample Complaint in Action for Breach of Contract; Race Discrimination; Retaliatory Discharge-Opposing ...
7.13 FORM: Sample Complaint in Action for Breach of Contract; Fraud; Negligent Misrepresentation; Promissory ...
7.14 FORM: Sample Complaint in Action for Breach of Contract (Employee Handbook); Defamation; Negligent ...
7.15 FORM: Sample Complaint in Action for Breach of Contract and Defamation
7.16 FORM: Sample Complaint in Action for Breach of Contract (Policy Statement); Federal Court-Diversity Jurisdiction
7.17 FORM: Sample Complaint in Action for Breach of Contract (Disciplinary Policy)
7.18 FORM: Sample Complaint in Action for Breach of Contract (Policy and Procedures)
7.19 FORM: Sample Complaint in Action for Wrongful Demotion; Breach of Contract; and Intentional Infliction of ...
7.20 FORM: Sample Complaint in Action for Breach of Contract; Promissory Estoppel; Intentional Infliction of ...
7.21 FORM: Sample Complaint in Action for Breach of Contract (Policy); Breach of Promise to Promote; Fraudulent ...
7.22 FORM: Sample Complaint in Action for Breach of Contract and Breach of Covenant of Good Faith and Fair Dealing
7.23 FORM: Sample Complaint in Action for Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing; and ...
7.24 FORM: Sample Complaint in Action for Breach of Contract; Wrongful Termination; Breach of Covenant of Good Faith ...
7.25 FORM: Sample Complaint in Action for Breach of Contract; Breach of Covenant of Good Faith and Fair Dealing; ...
7.26 FORM: Sample Complaint in Action for Retaliatory Discharge (Whistleblowing); Negligent Misrepresentation; ...
7.27 FORM: Sample Complaint in Action for Retaliatory Discharge (Whistleblowing)
7.28 FORM: Sample Complaint in Action for Retaliatory Discharge (Based on Claims Made in Divorce Action); Intentional ...
7.29 FORM: Sample Complaint in Action for Retaliatory Discharge (Expressing Intent to File Workers' Compensation Claim)
7.30 FORM: Sample Complaint in Action for Retaliatory Discharge; Malicious Prosecution; Tortious Interference With ...
7.31 FORM: Sample Complaint in Action for False Imprisonment; Assault and Battery; Defamation; Intentional Infliction ...
7.32 FORM: Sample Complaint in Action for Defamation Alleging False Accusation of Theft and Abuse of Qualified ...
7.33 FORM: Sample Complaint in Action for Defamation Alleging False Accusations of Sexual Harassment and Abuse of ...
7.34 FORM: Sample Complaint in Action for Defamation and Intentional Infliction of Emotional Distress Alleging False ...
7.35 FORM: Sample Complaint in Action for Defamation Alleging False Accusation of Conversion and Drug Use
7.36 FORM: Sample Complaint for Defamation Alleging False Accusation of Criminal Activity
7.37 FORM: Sample Complaint in Action for Defamation Alleging False Statements by Former Employee Implying ...
7.38 FORM: Sample Complaint in Action for Retaliatory Dis charge (Based on Performance of Duty and Exercise of First ...
7.39 FORM: Sample Complaint in Action for Wrongful Discharge Alleging Consultant's Negligence; Federal Court ...
7.40 FORM: Sample Complaint in Action for Wrongful Discharge Based on Infection with HIV
7.41 FORM: Sample Interrogatories in Action for Breach of Contract and Promissory Estoppel
7.42 FORM: Sample Interrogatories in Action for Breach of Implied Contract
7.43 FORM: Sample Interrogatories in Action for Retaliatory Discharge
7.44 FORM: Sample Interrogatories in Action for Retaliatory Discharge (Alternate)
7.45 FORM: Sample Plaintiff's Interrogatories in Action for Defamation; False Charge of Sexual Harrassment by Employee
7.46 FORM: Sample Interrogatories For Damages-Employer Net Worth
7.47 FORM: Sample Request for Admission in Action for Retaliatory Discharge
7.48 FORM: Sample Request for Production of Documents in Action for Wrongful Discharge and/or Discrimination
7.49 FORM: Sample Request for Production of Documents in Action for Retaliatory Discharge
7.50 FORM: Sample Plaintiff's Request for Production of Documents in Action for Defamation
7.51 FORM: Sample Plaintiff's Request for Production of Documents in Action for Defamation
7.52 FORM: Sample Settlement Agreement in Action for Breach of Implied or Express Employment Contract; Promissory ...
7.53 FORM: Sample Voir Dire--Examination of Prospective Jurors Involving Causes of Action for Breach of Contract; ...
7.54 FORM: Sample Jury Charges in Action for Breach of Express Oral Contract; Statute of Frauds; Contract Damages; ...
7.55 FORM: Sample Jury Charges in Action for Wrongful Discharge Based on Breach of Contract and Promissory Estoppel
7.56 FORM: Sample Jury Charges in Action for Breach of Contract (Employment Handbook)
7.57 FORM: Sample Jury Charges in Action for Breach of Contract; Covenant of Good Faith and Fair Dealing; and Fraud
7.58 FORM: Sample Jury Charges in Action for False Imprisonment
7.59 FORM: Sample Jury Charges in Action for Civil Assault and Battery
7.60 FORM: Sample Jury Charges in Action for Intentional Infliction of Emotional Distress
7.61 FORM: Sample Jury Charges in Action for Defamation
7.62 FORM: Sample Jury Charges for Damages Issue in Action for False Imprisonment, Civil Assault and Battery, ...
7.63 FORM: Sample Jury Charges in Action for Interference With Business, Economic and Contractual Relations
7.64 FORM: Sample Jury Charges Applicable to a Cause of Action for Negligence
7.65 FORM: Sample Plaintiff's Request for Jury Interrogatories
7.66 FORM: Sample Interrogatories to Jurors
7.67 FORM: Sample Special Interrogatories to Jurors in Action for Promissory Estoppel and Tort Claims
Chapter 8 Section
8.01 Introduction
8.02 Statutory Language and Jurisdictional Framework
8.03 History of Section 1981
8.04 Prohibited Bases of Discrimination
8.05 Types of Employers Covered
8.06 Statement and Proof of Cause of Action
8.07 Discovery
8.08 Proof of Discriminatory Intent
8.09 Burdens and Order of Presentation of Proof
8.10 The Defense of Res Judicata
8.11 Damages and Injunctive Relief
8.12 Relationship of Section 1981 to Title VII and Other Statutes
8.13 Comparison of Section 1981 and Title VII
8.14 FORM: Sample Complaint in Action Based on Race and Sex Discrimination Alleging Violations of Section 1981, Title ...
8.15 FORM: Sample Complaint in Action Based on Race Discrimination Alleging Violations of Section 1981, Title VII, ...
Chapter 9 Discrimination Claims Under ERISA
9.01 Introduction
9.02 Plans Covered By ERISA
9.03 ERISA Participation and Vesting Requirements
9.04 ERISA Section 510
9.05 Section 510 Procedural Issues
9.06 Section 510 Complaint
9.07 Discovery
9.08 Use of Experts
9.09 Attorney/Client Privilege
9.10 FORM: Sample Complaint Alleging Interference with Pension Benefits Under ERISA (29 U.S.C. 1140)
9.11 FORM: Complaint Alleging Violations of ERISA and Breach of Contract
9.12 FORM: Sample Complaint Alleging Interference with Health Benefits Under ERISA (29 U.S.C. 1140) and State Claim ...
9.13 [Reserved]
9.14 FORM: Sample Letter Requesting Plan Information
9.15 FORM: Plaintiffs First Set of Interrogatories in an Action for Interference with Pension Benefits Under ERISA ...
9.16 FORM: Plaintiff's First Set of Requests for Production of Documents in an Action for Interference with Pension ...
9.17 FORM: Plaintiff's First Set of Requests for Admissions in an Action for Interference with Pension Benefits Under ...
9.18 FORM: Sample Notice to Take Deposition in an Action for Interference with Pension Benefits Under ERISA (29 ...
Chapter 10 Duty of Fair Representation
10.01 Introduction
10.02 Historical Development
10.03 Jurisdictional Issues
10.04 Issues of Proof
10.05 Investigating the Claim
10.06 Filing the Complaint
10.07 Discovery
10.08 Pre-Trial Motions/Right to a Jury Trial
10.09 Remedies
10.10 FORM: Sample Complaint in Action for Breach of Duty of Fair Representation
10.11 FORM: Sample Request for Production of Documents for Inspection to Defendant Union in Action for Breach of Duty ...
10.12 FORM: Sample Request for Production of Documents for Inspection to Defendant Company in Action for Breach of ...
10.13 FORM: Sample Interrogatories to Defendant Union in Action for Breach of Duty of Fair Representation
10.14 FORM: Sample Interrogatories to Defendant Company in Action for Breach of Duty of Fair Representation
Chapter 11 Retaliatory Discrimination for Exercising Workers' Compensation Rights
11.01 Introduction
11.02 Nature of the Action
11.03 Elements of the Claim
11.04 Statutory and Common Law Complaints
11.05 Investigation and Discovery
11.06 Allocations of Burdens of Production and Burdens of Proof
11.07 Employer's Defenses
11.08 Remedies
11.09 CHART: State Survey of Retaliatory Discharge Claim Based on Exercise of Workers' Compensation Rights
11.10 FORM: Workers' Compensation Board Discharge or Discrimination Form Complaint (New York)
11.11 FORM: Sample Interrogatories and Request for Production of Documents; Retaliatory Discharge Claim Based on ...
11.12 FORM: Sample Subpoena Duces Tecum to Department of Labor; Retaliatory Discharge Based on Workers' Compensation Claim
11.13 FORM: Sample Subpoena Duces Tecum to Employer; Retaliatory Discharge Based on Workers' Compensation Claim
11.14 FORM: Sample Memorandum of Law in Support of Complaint for Retaliatory Discharge Based on Workers' Compensation ...
Chapter 12 Tax Treatment of Discrimination and Other Employee Recoveries
12.01 Introduction
12.02 The Small Business Job Protection Act of 1996
12.03 Back Pay Awards
12.04 Severance Pay
12.05 Contract As Opposed To Personal Injury Claims
12.06 Employment Tax Consequences of Characterization
12.07 Discrimination Recoveries
12.08 Sex Discrimination Recoveries
12.09 Age Discrimination Recoveries
12.10 Racial Discrimination Recoveries
12.11 Disability Discrimination Recoveries
12.12 Wrongful Termination Recoveries
12.13 Punitive Damages
12.14 Settling Employment Claims
Chapter 13 Attorneys' Fees
13.01 Entitlement
13.02 Calculation of the Fee Award
13.03 Retainer Agreements and Time Keeping Procedures
13.04 Settlement
13.05 Discovery
13.06 Litigation of the Fee Issue
13.07 Importance of the Fee Motion
13.08 FORM: Sample Retainer Agreement: Seventy-Five Percent (75%)
13.09 [Reserved]
13.09A FORM: Sample Retainer Agreement: Contingency
13.10 FORM: Sample Retainer Agreement: Class Action
13.11 FORM: Sample Settlement Letter
13.12 FORM: Sample Plaintiff's Request For Production of Documents re Attorneys' Fees; Private Defendant
13.13 FORM: Sample Plaintiff's Request For Production of Documents; Government Agency Defendant
13.14 FORM: Sample Plaintiff's Request For Interrogatories re Attorneys' Fees; Private Defendant
13.15 FORM: Sample Plaintiff's Requests for Interrogatories re Attorneys' Fees; Government Agency Defendant
13.16 [Reserved]
13.17 Sample Time Records
13.18 [Reserved]
13.19 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.20 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Affidavit in Support of ...
13.21 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.22 FORM: Sample Declaration In Support of Plaintiffs' Application For Attorneys' Fees; Establishment of Market Rate
13.23 Sample Declaration In Support of Plaintiff's Application For Attorneys' Fees; Establishment of Market Rate
13.24 FORM:Sample Declaration In Support of Plaintiff's Application For Attorneys' Fees; Establishment of Market Rate
13.25 Sample Declaration of Plaintiff's Attorney in Connection with Motion for Attorneys' Fees and Costs
Appendix 13A [Reserved]
Appendix 13B Sample Memorandum of Law
Sample Memorandum of Law
Chapter 14 Employee and Applicant Testing
14.01 Introduction
14.02 Drug Testing
14.03 AIDS Testing
14.04 Polygraph Testing
14.05 Written Psychological Testing
14.05A Other Forms of Testing
14.06 FORM: Sample Complaints in Actions Alleging Violation of Employee Polygraph Protection Act
14.07 FORM: Sample Complaints for Damages Based on Medical Testing
14.08 FORM: Sample Complaint for Damages and Injunctive Relief Based on Pre-employment Psychological and Other ...
14.09 FORM: Sample First Request for Interrogatories in Action Based on Pre-employment Psychological and Other ...
14.10 FORM: Sample Second Request for Interrogatories in Action Based on Pre-employment Psychological and Other ...
14.11 FORM: Sample Request for Production of Documents in Action Based on Pre-employment Psychological and Other ...
Chapter 15 Labor-Management Reporting And Disclosure Act
15.01 Introduction
15.02 Statutory Provisions
15.03 Rights of Unions' Employees
15.04 Litigating a Case Under Title I of the LMRDA
15.05 FORM: Sample Complaint in Action Alleging Violations of LMRDA and Title VII
15.06 FORM: Sample Interrogatories and Request for Production of Documents in Action Alleging Violations of LMRDA and ...
15.07 FORM: Plaintiff's Proposed Voir Dire Questions in Action Alleging Violations of LMRDA and Title VII
15.08 FORM: Sample Jury Charges-- Violation of Rights Under Title I of the LMRDA
Chapter 15A Fair Labor Standards Act
15A.01 Overview of Federal Wage and Hour Law
15A.02 Protections Provided by FLSA
15A.03 FLSA Coverage
15A.04 Exemptions from FLSA Coverage
15A.05 FLSA Procedures
Chapter 16 Arbitration In the Securities Industry
16.01 Introduction
16.02 Gilmer v. Interstate/Johnson Lane Corp
16.03 The Lower Courts' Application of Gilmer
16.04 Registered Representatives' Efforts to Avoid Arbitration
16.05 A Short-Lived Distinction Between Registration with the NYSE and the NASD
16.06 The Ninth Circuit's Scrutiny of Registered Representatives' Knowing and Voluntary Waiver of Employment Claims
16.07 The Duffield Decision
16.08 The NASD Rule Change
16.09 Procedural Issues
16.10 Conclusion
Chapter 17 The Worker Adjustment and Retraining Notification Act
17.01 Introduction
17.02 Who Is Covered By WARN
17.03 Plant Closings and Mass Layoffs
17.04 Who Must Receive Notice
17.05 Content of Notice
17.06 Exception to the 60-Day Notice Requirement
17.07 Exemptions from the Act
17.08 WARN Act Administration and Enforcement
17.09 Remedies for Violations of WARN
17.10 Notice Encouraged Where Not Required
Chapter 18 Family Responsibilities Discrimination
18.01 Family Responsibilities Discrimination Defined
18.02 Statistics
18.03 Legal Underpinnings of FRD Claims
18.04 Nature of Stereotypes and Disparate Treatment That Give Rise to FRD Claims
18.05 Illustrative FRD Cases
18.06 Sample Complaint