Employment Law Articles that apply to All of the States
Motions to Compel and Protective Orders in Employment Litigation
The Rules of Civil Procedure ("Civil Rules") provide the parties with tools to get the facts that are in the possession of the others. If the others refuse to disclose the facts, provide documents or ...
posted by Neil Klingshirn | Jan 15, 2010 3:55 PM [EST] in Evidence | applies to All States
Requests for Admissions in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims. Instead, they must usually obtain documents and testimony from the em...
posted by Neil Klingshirn | Jan 15, 2010 3:40 PM [EST] in Evidence | applies to All States
Depositions in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims. Instead, they must usually obtain documents and testimony from the em...
posted by Neil Klingshirn | Jan 15, 2010 3:16 PM [EST] in Evidence | applies to All States
Interrogatories in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts that they need to prove their claims in their possession. Instead, they must usually obtain documents and t...
posted by Neil Klingshirn | Jan 15, 2010 2:56 PM [EST] in Evidence | applies to All States
Discovery Plans for Employment Litigation
A court’s Rules of Civil Procedure (its “Civil Rules”) empower the parties to gather evidence, including that in the control of opposing parties and reluctant witnesses. The Civil Rules do this ...
posted by Neil Klingshirn | Jan 15, 2010 1:26 PM [EST] in Evidence | applies to All States
Document Requests in Employment Litigation
Each case turns on its own facts. However, the parties rarely have in their possession all of the facts in a case. Instead, they must usually obtain documents and testimony from the opposing party and...
posted by Neil Klingshirn | Jan 15, 2010 10:34 AM [EST] in Evidence | applies to All States
Evidence in Discrimination Cases
Discrimination cases turn on the employer's motive for taking an employment action, like failing to hire or firing an employee. The employee must prove that the employer's bias against people in the e...
posted by Neil Klingshirn | Jan 11, 2010 1:08 PM [EST] in Evidence | applies to All States
Preliminary Injunctions in Non-competition Cases
A preliminary injunction is a court order, issued at the beginning of a case, which preserves the relative position of the parties while the case is pending. It usually remains in effect until replace...
posted by Neil Klingshirn | Dec 10, 2009 3:39 PM [EST] in Trial, Hearings | applies to All States
Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe...
posted by Neil Klingshirn | Dec 9, 2009 4:22 PM [EST] in Tortious interference | applies to All States
The Role of Seniority in Employment Law
The concept of seniority has a high level of importance in employment law. For example, if there is a conflict between a bona fide seniority system and an agreement to settle a discrimination claim, i...
posted by Neil Klingshirn | Nov 21, 2009 08:47 AM [EST] in Benefits | applies to All States