Victory and Freedom

I am writing to express my gratitude for the outstanding job attorney Paul J. Cohen did in securing my freedom in my recent criminal case.  I am 75 years old, a Canadian citizen, and an experienced truck driver. For many years, I was an owner/operator of a tractor/trailer.  In August 2010, I needed to get […]

Some Thoughts on Helping our Wounded Warriors

Click here to see an article by Scott J. Bloch on the sacrifice made by America’s privately contracted soldiers.

Scott Bloch’s Misdemeanor Guilty Plea Withdrawn; Enemies Wail, Gnash Teeth!

It is expected that once this opinion is published, Bloch’s enemies will engage in wailing and gnashing of teeth. After that, we hope their campaign of vilification runs out of steam. Kudos to Scott Bloch’s outstanding legal team from Winston & Strawn, including Bill Sullivan and Ryan Sparacino, with an assist from Kansas counsel Bill Skepnek. A link to the opinion is included right here.

Disciplined For Acting Crazy? Diabiliity Discrimination?

Wills tried to argue that federal court decisions from the 9th Circuit held that “Conduct resulting from a disability is considered to be part of the disability, rather than a separate basis for termination.” However, the Court found that disability-caused misconduct, involving threats or violence against coworkers, belongs in a special category, and that such disability-caused threat and/or violence must be dealt with strictly, because the Americans With Disabilities Act does not require “that employers countenance dangerous misconduct, even if that misconduct is a result of the disability.”

Protect Your Financial Records: Be Aware Of Employee Fraud

Many small businesses may consist of ten or fewer employees, where one or two employees may have access to the company’s checkbook or its readily liquid assets. One employee forgery, embezzlement or other fraud scheme can literally put out of business a family enterprise that took generations to establish.

Supreme Court Becoming Employee Friendly?

In many ways, the current US Supreme Court is one of the most conservative high courts since the Great Depression, when that era’s high Court struck down as unconstitutional many of the progressive bills passed under FDR’s leadership. Generally, the current US Supreme Court can be counted on to reach decisions which are business-friendly, which often strictly construe statutes against individual or small -group claimants, and otherwise which are not particularly consumer friendly or employee friendly.

Discovery Issues

In light of the Quinlan decision, employers should not immediately assume that they can terminate an employee who has asserted a claim for discrimination if that employee copies or removes documents from the workplace without authorization. Nor should employees who have asserted discrimination claims assume that they are free to copy and disseminate their employer’s documents. In both situations, such decisions should be made only after careful consideration and consultation with competent counsel.

Stray Remarks Doctrine

Negative comments, such as a supervisor or co-worker referring to an employee as “old and washed up” do not amount to harassment, unless they are more severe, and frequent at work. Sometimes, these kind of remarks are called by lawyers for defendants “stray remarks.” While stray remarks alone may not rise to the necessary level of discrimination in all cases, disparaging comments by co-workers or supervisors are useful in demonstrating whether the company has an intent to discriminate against you.

First Amendment

Does The First Amendment Protect A Government Employee From Discipline For Expressing His Opinion? Short Answer:  It depends. If the speech is not of public concern and only relates to the public employee’s job, there is no protection. If the speech is of public concern, a balancing test is required. Analysis: In Garcetti v. Ceballos, […]

Attorney-Client Privilege

Are Email Communications Between You and Your Attorney, Sent From Your Company Computer, Protected By The Attorney-Client Privilege? Short Answer: No Analysis:   In a recent 2011 California appellate case, Holmes v. Petrovich Development Company, the plaintiff sued her former supervisor and the company for sexual harassment, retaliation, wrongful termination, invasion of privacy, and intentional infliction […]