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McKenna Minutes

“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Legal Updates




McKenna law Update & News December 2015

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In This Issue…

  • WORKERS’ COMPENSATON CLAIM IS EXCLUSIVE REMEDY FOR EMPLOYEE’S ASBESTOS INJURY
  • THE USE OF ILLINOIS RULE 224
  • WHEN DOES SOCIAL MEDIA ACTIVITY TURN INTO STALKING? MASSACHUSETTS COURT SETS OUT REQUIREMENTS UNDER MASSACHUSETTS STATUTE
  • TRIALS AND CASE DISPOSITIONS

 


Categories Legal Updates Publications Tort Law Update Bulletin


McKenna Law Update & News – October 2015

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In This Issue…


Categories Publications Tort Law Update Bulletin


McKenna Employment Bulletin – October 2015

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  • FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION
  • STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION
  • FALSE TIMESHEETS PREVENT A TITLE VII CLAIM
  • AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM
  • SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM
  • EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE A HOSTILE ENVIRONMENT

 


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – September 2015

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  • THE EEOC DOES NOT HAVE TO NAME A REJECTED JOB APPLICANT TO BRING SUIT
  • COURT CAN LIMIT THE SCOPE OF A RESTRICTIVE COVENANT
  • TAMPERING WITH AN EMPLOYEE’S WORK PRODUCT AND ASSIGNING DIFFICULT WORK SUPPORTS A TITLE VII ACTION
  • RESULTS OF THEFT INVESTIGATION STOPS A TITLE VII SUIT
  • FAILURE TO REQUEST AN ACCOMMODATION AND BEING AN UNQUALIFIED WORKER STOPS AN ADA SUIT
  • MANUFACTURER IS JOINT EMPLOYER WITH STAFFING AGENCY


Categories Employment Bulletin Employment Law


McKenna Employment Bulletin – August 2015

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  • REQUEST FOR LIGHT DUTY MUST MATCH THE DOCTOR’S RESTRICTIONS
  • U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CLASSIFYING WORKERS
  • INFORMATION AVAILABLE TO THE PUBLIC IS NOT PROTECTED CONFIDENTIAL INFORMATION
  • LACK OF KNOWLEDGE OF THE EMPLOYEE’S PRIOR COMPLAINT STOPS A RETALIATION CLAIM
  • FAILURE TO SHOW INTENT STOPS A RACE DISCRIMINATION CLAIM

 


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – July 2015

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  • PUT THE LEVEL OF PERFORMANCE IN YOUR EMPLOYEE CONTRACTS TO PROTECT FROM BREACH OF CONTRACT ACTIONS
  • A DOCTOR’S SHORT-TERM MEMORY LOSS COULD NOT BE ACCOMMODATED BY HIS EMPLOYER
  • NO FACTUAL BASIS STOPS CHARGES OF RACE AND RETALIATION
  • VIRGINIA PATIENT AWARDED VERDICT FOR TAPED DEFAMATORY AND OFFENSIVE STATEMENTS
  • RIGHTS FOR SAME-SEX COUPLES TO MARRY
  • SHORT TIME BETWEEN PROTECTED ACTIVITY AND TERMINATION PLUS THREATS SUPPORT A RETALIATION CLAIM


Categories Employment Bulletin Employment Law Publications


McKenna Law Update & News – June 2015

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In This Issue…

  • WRONGFUL DEATH VIA SUICIDE CLAIM DISMISSED
  • DEFAMATORY STATEMENTS ON THE INTERNET MAY NOT REMAIN ANONYMOUS AND MAY BE ACTIONABLE
  • CALCULATION OF HEALTH CARE LIENS
  • McKENNA NEWS


Categories Publications Tort Law Update Bulletin


McKenna Employment Bulletin – June 2015

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  • COURT REFUSES PRELIMINARY INJUNCTION TO UNIVERSITY EMPLOYER WHICH WOULD ALLOW NONCOMPLIANCE WITH THE “AFFORDABLE CARE ACT”
  • YOU DO NOT HAVE TO COMPLAIN TO THE PERSON DESIGNATED BY THE EMPLOYER
  • EMPLOYER’S FALSE CLAIM OF POOR JOB PERFORMANCE SUPPORTS A RETALIATION CHARGE
  • THE SUPREME COURT HOLDS THAT COURTS HAVE AUTHORITY TO REVIEW THE EEOC’S DUTY TO CONCILIATE WITH EMPLOYERS
  • GIVING JOB INSTRUCTIONS DOES NOT EQUAL HOSTILE ENVIRONMENT HARASSMENT
  • YOU HAVE TO APPLY FOR A JOB TO CLAIM YOU WERE NOT HIRED

 


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – May 2015

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  • SEVEN MONTH GAP AFTER FMLA LEAVE PREVENTS RETALIATION
  • SECLUDING AN EMPLOYEE FROM THE WORKPLACE SUPPORTS A COMPENSATORY DAMAGE AWARD
  • THE PERSON TERMINATING MUST KNOW THE BIAS OF THE PERSON RECOMMENDING THE TERMINATION IN ORDER FOR THE BIAS TO SUPPORT A CAUSE OF ACTION
  • YOUR DISCRETIONARY BONUS PLAN MAY SUPPORT A BREACH OF CONTRACT CLAIM
  • YOUR AGE-RELATED COMMENTS CAN SUPPORT AN ADEA CLAIM AND RETALIATION
  • PERFORMANCE DEFICIENCIES STOP AN FMLA CLAIM

 


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – April 2015

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  • SUPREME COURT DECLINES TO RULE ON BREASTFEEDING IN THE WORKPLACE
  • FEMALE ALLEGED AGE AND SEX DISCRIMINATION WHERE EMPLOYER STATED HE WANTED TO REPLACE HER WITH A YOUNG MALE
  • MCDONNELL DOUGLAS BURDEN-SHIFTING APPLIES IN A PREGNANCY DISCRIMINATION ACT CASE
  • YOUR AFFIDAVITS IN SUPPORT OF A TERMINATION MUST BE FACT BASED
  • THE GENERAL CONTRACTOR WAS NOT THE INDIRECT EMPLOYER OF THE SUBCONTRACTOR’S EMPLOYEE
  • LICENSE REQUIREMENTS AND BAD REFERENCES STOP A RACE DISCRIMINATION CLAIM


Categories Employment Bulletin Employment Law Publications


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