Insights - Page 56 of 63 - Kauff McGuire & Margolis LLP

Aug 08, 2000 Employment Termination

Fifth Circuit Court of Appeals Confirms That WARN Notification Obligations May Be Triggered by Employment Terminations Which Precede a Plant Closing

Any employer contemplating closing a facility or terminating more than a handful of employees should be familiar with the provisions of the federal Worker Adjustment and Retraining Notification Act (“WARN”), which...

Aug 07, 2000 Employment Termination

California Court Says At-Will Employees May Be Able to Sue for Breach of Implied Covenant of Good Faith and Fair Dealing

A California appellate court recently held that an employer may be liable for breach of the covenant of good faith and fair dealing for terminating the employment of an employee at will. Eysie v. Zacson Corporation, First...

Aug 03, 2000 General Employment Issues

Electronic Workplace Privacy Law Introduced in Congress

The New Jersey Supreme Court recently issued a decision that limits the ability of employees to use of an employer’s customer list to set up a competing business, ruling that customer information may be protectible...

Jul 26, 2000 Labor Relations

Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim

As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...

Jun 26, 2000 Employment Discrimination

Electronic Bulletin Boards May Be Regarded as Part of the “Workplace” for Purposes of Harassment and Discrimination Laws

On June 1, 2000, the New Jersey Supreme Court unanimously ruled that offensive messages posted on an electronic bulletin board may constitute harassment in the workplace, in violation of Title VII of the Civil Rights Act of...

Jun 26, 2000 Damages

Reliance on Advice of Counsel May Insulate Employers from Punitive Damage Liability in Discrimination Cases

For most employers, the specter of being held liable for substantial punitive damages in an employment discrimination case is cause for great concern, especially in light of the numerous substantial and highly-publicized...

Jun 24, 2000 Employment Discrimination

Eleventh Circuit Upholds Employer’s Termination of a Probationary Employee for Pregnancy-Related Absences

The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...

Jun 13, 2000 Employment Discrimination

Second Circuit Eases Burden of Proof of Discrimination Plaintiffs

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...

May 18, 2000 Labor Relations

Negotiating Gilmer Agreements in the Union Sector

In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...

May 12, 2000 Employment Discrimination

Height And Weight Are Now Protected Categories In San Francisco

On May 8, 2000, San Francisco’s Board of Supervisors unanimously voted to pass legislation banning discrimination in housing and employment on the basis of height and weight. Mayor Willie Brown has signed the...