The Labor and Employment Lawyer's Job: A Survival GuideAmerican Bar Association, 2007 - 152 pages |
Contents
Investigations | 13 |
INVESTIGATIONS IN RESPONSE TO A CLAIM | 16 |
The DemandResponse Letter | 21 |
Dealing with Administrative Agencies | 23 |
Employment Litigation | 27 |
Initial Case Management | 29 |
The Big Picture | 31 |
Pleadings | 33 |
Terminating Employees | 101 |
NOTICE OF TERMINATION | 102 |
SEVERANCE AND RELEASES | 104 |
Discrimination and Harassment | 109 |
HARASSMENT | 110 |
Leaves of Absence | 115 |
Disability and Reasonable Accommodation | 121 |
QUALIFIED INDIVIDUALS WITH A DISABILITY | 122 |
RESPONSES TO COMPLAINTS | 36 |
Discovery | 49 |
ORDER OF DISCOVERY | 50 |
DEPOSITIONS | 51 |
INTERROGATORIES AND REQUESTS FOR ADMISSIONS | 59 |
PROPOUNDING AND RESPONDING TO DOCUMENT REQUESTS | 62 |
Motion Practice | 67 |
MOTIONS FOR SUMMARY JUDGMENT | 69 |
Trials | 73 |
MANAGING DOCUMENTS AND EVIDENCE AT TRIAL | 74 |
EXAMINING WITNESSES | 75 |
Alternative Dispute Resolution | 79 |
ARBITRATION | 84 |
Employment Counseling | 89 |
Hiring Employees | 91 |
OFFER LETTERS AND EMPLOYMENT AGREEMENTS | 95 |
REASONABLE ACCOMMODATION | 123 |
THE SOCALLED INTERACTIVE PROCESS | 125 |
Wages and Hours | 127 |
MINIMUM WAGES | 128 |
OVERTIME COMPENSATION | 129 |
EMPLOYEE VERSUS INDEPENDENT CONTRACTOR | 130 |
HOURS WORKED | 131 |
PAYING EMPLOYEES | 132 |
Noncompetition and Trade Secrets | 133 |
COVENANTS NOT TO SOLICIT CUSTOMERS | 134 |
COVENANT NOT TO SOLICIT EMPLOYEES OR HIRE EMPLOYEES | 135 |
DRAFTING AND REVIEWING COVENANTS | 136 |
Relevant Laws | 141 |
145 | |
Common terms and phrases
ADEA affirmative defenses allegations answer applicable arbitration agreement at-will employment cause of action Chapter choice of law claim clause client compete complaint confidential consider covenant deadlines defendant demand letter deponent deposed determine disability discovery discrimination dispute diversity jurisdiction documents draft EEOC employee employment agreements employment law employment lawyer employment loss enforceable evidence example exemptions facts federal court federal question jurisdiction FLSA FMLA harassment helpful hiring independent contractor individual inevitable disclosure interrogatories interview investigation involved issues judge junior associate jurisdiction jury labor and employment leave limited litigation matter mediation brief ment motion for summary opposing counsel overtime parties plaintiff position prohibits propounding question reasonable accommodation relevant removal request require RFAs RFPs rules senior lawyer solicit specific statement statute summary judgment supervisor sure Tell the witness termination tion Title VII trade secrets trial typically wage and hour WARN