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Employment Law notes 2

Employment Law notes 2 - restart of when it starts Example...

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Employment Law 9/16/10 Cases Caption: Plaintiff ( aka Worker) – VS. – Defendant ( aka Employer) Breach of confidentiality if you find out information you can’t tell other people. Breach of non-compete If you leave you can’t join another industry that competes with the same company Anatomy of Law Suit 1) Plaintiff files a complaint (allegations) 2) Defendant files a answer (within 35 days) 3) Mediation settlement 4) Discovery - Written questions (interrogations) - Request document (time sheets, personal files, profile) - Deposition – so that later they can’t change their mind about what they said before. 5) Motion for summary judgment ( defendant) 6) Trial (Jury or a bench) Adverse employment action – something bad happened SOL (Statute of Limitation) – file complain within a certain amount of time a deadline. 2yr deadline personal injury 6 yrs breach of contact EEOC 180 days sometimes elongated to 300 days Continuing action
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Unformatted text preview: - restart of when it starts Example: witness gets it under oath. So that it’s on paper and they can’t change their mind, and at trial she says diff at trial at deposition Impeachment 2 inconsistent statements Discovery – get as much facts of other side Remedies (Assumes Plaintiff) wins Non-monetary Remedies 1) Reinstatement to employment (same or similar) 2) Injunction – no more actions of discrimination or harassment Economics Remedies 1) Back Pay – Mitigation 2) Front pay 3) Compensatory damages -Pain and suffering – treating doctor-Emotional distress 4) Punitive damages (look at the size of company) – malice 5) Fee shifting (Attorney fees) – the losers (defendant) pay the winning attorney (plaintiff) 6) Costs – people recording, doctors, documentations defendant pays Contingency Agreement gets paid when you win maybe around 30% lawyer etc....
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