Employee Dismissal: Law and Practice, 7th Edition (1-Year Online Subscription)

Name: Employee Dismissal: Law and Practice, 7th Edition (1-Year Online Subscription)
Brand: Wolters Kluwer Legal & Regulatory U.S. (Online)
SKU: 9781543817577
Availability: InStock
Author: Henry H. Perritt, Jr., Esq.
ISBN: 9781543817577

By Henry H. Perritt, Jr., Esq.

Wolters Kluwer Legal & Regulatory U.S. (Online)

Specifications

ISBN-13: 9781543817577
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
Format: Online , 1810 pages
Jurisdiction: U.S. ? Countri(es) for reference only

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Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case.

Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including:

New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia
New section on discrimination based on immigration status
New reference for state qui tam suits
New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security
New case law on disclaimers
New case law on identifying sources of public policy clearly
New case law on constitutional provisions satisfying the clarity element of a public policy tort
New case law on jeopardy to public policy when statutory remedies exist
New case law on jeopardy to public policy when the contract protects employees
Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions
New analysis of notice pleading requirements in employment cases
New case law on whistleblower protection of shareholder employees
New case law on the scope of public-sector whistleblower protections
New case law on the availability of non-economic damages in statutory whistleblower cases
New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price

EMPLOYMENT AT WILL

Overview of Common Law Wrongful Dismissal Theories
Pre-Industrial Revolution Employment Tenure Rule
Development of the Employment at Will Rule
Stages in the Erosion of the Employment at Will Rule
Reasons for Erosion of the at Will Rule
State-by-State Summary
Choice of Law Principles
Contemporary Role of the Employment at Will Rule
Framework for Analyzing Obligations in the Employment Relation
Considerations in Pursuing Both Statutory and Common Law Relief
Trends and Unresolved Issues
Parties' Plaintiff
Parties' Defendant
Practical Factors for Employees to Consider
Practical Factors for Employers to Consider
Checklist for Case Evaluation

STATUTORY PROTECTION AGAINST DISCRIMINATION BASED ON CHARACTERISTIC

Protection Against Characteristic-Based Discrimination
Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act
Civil Rights Acts §1981
Civil Rights Acts §1985
Title VI of the Civil Rights Act of 1964
Education Act Amendments
Executive Order 11,246
State Laws on Race, Sex, Religious, National Origin, and Age Discrimination
Americans with Disabilities Act
Rehabilitation Act of 1973

DISCRIMINATION BASED ON CONDUCT; PROCEDURAL ISSUES FOR STATUTORY DISCRIMINATION

National Labor Relations Act
Retaliation for Opposing Discrimination
Occupational Safety and Health Act
Mine Safety and Health Act
State Occupational Safety and Health Acts
Railroad Safety and Liability Acts
Environmental Statutes
Fair Labor Standards Act
Family and Medical Leave Act
Consumer Credit Protection Act
Employee Retirement Income Security Act
False Claims Act
Employee Polygraph Protection
Drug Free Workplace Act
Uniformed Services Employment and Reemployment Rights Act
Nuclear Power Plant Employees
Federal Securities Fraud
Other Federal Statutes
Racketeer Influenced and Corrupt Organizations Act
Attorneys' Fees
Implied Private Right of Action
Antitrust Violation Protests
Preemption
Unemployment Compensation

DOWNSIZING

Selecting Employees to Be Terminated
Validation of Rating Systems
Age Discrimination Issues
Title VII Discrimination Issues
Disability Discrimination Issues
WARN Issues
Employee Benefits Issues
Collective Bargaining Duties
Common Law Claims

ARBITRATION

Development of Arbitration in England
Development of Labor Arbitration in the United States
Purpose of Labor Arbitration
Just Cause Standard
Typical Grievance and Arbitration Procedure
The Arbitration Hearing
Form and Content of Arbitration Award
Remedies in Arbitration Awards
Arbitration Under the Railway Labor Act
Arbitration and the Courts
Duty of Fair Representation
Getting Arbitration Awards into Evidence
Arbitration of Individual Rights
Effect of Arbitration Awards Deciding Statutory Claims
Consideration for Arbitration Agreement
Handling a Grievance in Practice
Defending Against a Grievance

CONTRACT THEORIES

Overview of Contract Theories
Historical Development of Contract Theories
Proof in Common Law Contract Cases
Promise of Employment Security
Employer's Intent
Proving a Promise of Employment Security
Specificity of Promise
Enumerating Reasons for Dismissal as Implying a Promise Not to Dismiss for Other Reasons
Future Employment
Parol Evidence Rule
Promises Related to Discrimination
Procedural Commitments
Promises Related to Drug and Alcohol Testing
Judge and Jury Roles
Types of Promise Evidence
Proof of Other Employment Terms
Disclaimers
Covenant of Good Faith and Fair Dealing
Contract Formation and Validation Devices
Employer's Modification of Promise After Consideration Given
Statute of Frauds
Unenforceability of Certain Employment Contracts
Waivers
What Constitutes a Breach
Contract Interpretation and Breach
Proving a Breach: Materiality of Motive
Breach of Covenant of Good Faith
After-Acquired Evidence
Suits by Employees Covered by Collective Bargaining Agreements
A Preemption by Immigration Laws
Pleading the Plaintiff's Case
Pleading the Defendant's Case
Damages
Reinstatement
Jury Instructions on Contract Formation
Jury Instructions on Breach of Implied Covenant
Jury Instructions on Breach of Implied in Fact Contract
Jury Instructions on Damages

TORT THEORIES

Public Policy Tort Cases Do Not Require Employers to Show Good Cause for Dismissing Employees
Basic Tort Concepts
Basic Structure of Proof of Public Policy Tort
Proving Adverse Employment Action
Proving Clarity of Public Policy
Proving Jeopardy to Public Policy
Proving Causation
Proving Overriding Justification
Categories of Public Policy Torts
Public Policy Torts Are More Than Civil Remedies for Statutory Violations
Limiting Public Policy Tort Recovery by Confining It to Explicit Statutory Rights or Duties
Public Policy Tort Protection for Employees Covered by Individual Contracts Collective Bargaining Agreements
Prima Facie Tort Liability Based on Intent to Harm, Regardless of Public Policy
Intentional Interference with Contractual Relations
Intentional Infliction of Emotional Distress
Fraudulent Misrepresentation
Defamation
Invasion of Privacy
Civil Conspiracy
Tort Claims for Dismissals Related to AIDS or to Sexual Orientation
Negligence
Preemption of State Tort Claims
Pleading the Plaintiff's Case and Model Complaints
Pleading the Defendant's Case
After-Acquired Evidence
Judge/Jury Roles
Damages
Attorneys'Fees, Costs, and Penalties for Bad Faith Claims
Public Policy Tort Jury Instructions

SPECIAL PROBLEMS OF PUBLIC EMPLOYMENT

What Is a Public Employer?
Presumption of at Will Employment of Public Employees
Civil Service Protections
Federal Discrimination Statutes
Reconstruction Era Civil Rights Acts
Due Process
Equal Protection
Interaction of Public Sector Grievance Arbitration and Civil Service Laws
Sovereign Immunity

PROOF AND PROCEDURE

Employees and Representatives
Independent Contractors Versus Employees
Successors, Alter Egos, and Purchasers of Employing Enterprise
Individual Co-Employees and Supervisors as Defendants
Vicarious Liability of Employer for Acts of Agents
Sovereign Immunity
Pleading
Federal Question and Diversity Jurisdiction
Pendent State Claims and Supplemental Jurisdiction
Removal to Federal Court
Personal Jurisdiction
Venue
Choice of Law
Statutes of Limitations
Exhaustion of Employer Grievance Procedures
Discovery Strategies
Summary Judgment
Entitlement to Jury Trial
Pretrial Orders
Proof
Evidence
Expert Witnesses
After-Discovered Evidence
Hearsay Evidence
Testimony by Former Employees
Parol Evidence
Video-Recorded Evidence
Preemption
Preclusive Effect of Earlier Decisions
Proving Damages
Punitive Damages
Closing Arguments and Judicial Comments
Jury Instructions
Attorneys' Fees and Sanctions
Appeals
Taxation of Costs
International Issues: Extraterritorial Application

EMPLOYER PERSONNEL PROBLEMS

History of Rules Regulating Employees
Function of Internal Rules
Rules and Organization Theory
Contemporary Practices
Employers' Policies on Terminations
Contents of Termination and Complaint Policies
Checklist for Employee Handbooks
Employee Appraisal Programs

WRONGFUL DISMISSAL LEGISLATION

Wrongful Dismissal Doctrine
Is Legislation Needed?
Politics of Statutory Reform
Statutory Models
Model Employment Termination Act
Federal Wrongful Dismissal Statutes
State Whistleblower Statutes
State Employment Term Statutes
State Service Letter Statutes
State Just Cause Statutes
The British Model
The Canadian Model
Commentators' Models
The Summers Concept
The Selznick Concept
The Bellace Concept
Judicial Control of Other Types of Associations
Developing Wrongful Dismissal Statutes
Legislative Drafting Pitfalls
Possible Substantive Fairness Standards
Procedural Fairness
Integrating Wrongful Dismissal and Unemployment Compensation Systems
Burdens of Proof
Remedies
Constitutional Issues
Future Prospects
Costs of Litigation

Price on request

Need a quote? Place your order now and our team will contact you within one business day with pricing details. Click "Get a Quote" below to start the process.

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