Employment Evidence

Admit and exclude with these strategies, forms, and cases—past sexual conduct, after-acquired evidence, discriminatory remarks, missing documents, medical and psychological history, employee disciplinary records, and more.

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2022 Edition
ISBN: 9781580122955
In Stock
Best value
2022 Edition
ISBN: 9781580122955
In Stock
Best value
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Product description

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In this 2022 edition of Employment Evidence, author David W. Neel brings you expanded and updated coverage of the governing law, including more than 200 new case summaries, and 5 new forms. The highlights include:

Case Summaries and Legal Analysis re:

Summary Judgment

  • Causation standards
  • Based on estoppel

Administrative Decisions and Materials

  • EEOC determination letters and materials
  • State agency reports
  • Arbitration decisions
  • Disability applications and materials

Plaintiff’s Prior Acts

  • Plaintiff’s sexual behavior in the workplace
  • After-acquired evidence to limit damages
  • Prior lawsuit against another employer

Defendant’s Documents

  • Business records and internal memoranda
  • Disciplinary records and personnel files
  • Sanctions for destruction of documentary evidence
  • Failure to preserve ESI (FRCP 37(e))

Testimonial Evidence

  • Discriminatory remarks admitted as direct/circumstantial evidence of discrimination
  • Impeachment evidence

Expert Evidence

  • Employer policies and procedures
  • Economists and accountants
  • Mitigation

Electronic Evidence

  • Emails, websites, blogs
  • Sanctions
  • Work product and privilege

Attorney’s Fees and Costs

  • Attorney’s fees to defendants


Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.

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