After Iraq: Obligations to Your Returning Military Employees
August 24, 2003
According to recent reports, approximately 220,000 reservists and National Guard members are on active duty. With the first phase of the Iraqi war at an end, many of these individuals are, or may soon be, returning home. This article answers some of the most frequently asked questions by employers concerning their obligations to employees while they are on military leave as well as when they return to work as civilians. An employer's obligation with respect to these issues is governed by the Uniformed Services and Re-employment Rights Act (USERRA or the Act), 38 U.S.C. ''4301 <i>et seq.</i>
Electronic Media: The Dark Side
August 24, 2003
The proliferation of electronic media in the workplace has greatly transformed business, enabling employees to communicate almost instantly with one another, and with vendors, clients and customers. The fantastic business advantages gained through advanced electronic media, however, can also negatively impact the workplace. Indeed, individuals may use electronic media improperly to infiltrate employer systems ' obtaining confidential, proprietary and sensitive information.
Employee Stock Options: After the Dot-Coms
August 23, 2003
Employee stock option compensation, once the darling of the dot-com revolution, retains its popularity as an item of damages in wrongful termination matters. As wrongful termination claims mount, so do claims for economic damages involving stock options plans. Many of these reflect misconceptions over the nature of employee stock options, and questionable assumptions on the method of valuing the loss.
In the News
August 23, 2003
<i>Shellenberger v. Summit Bancorp Inc</i>. is a case that illustrates how a retaliation claim can often be more powerful than the discrimination claim that preceded it. When the case went to trial, plaintiff Sally Shellenberger was pursuing two claims under the Americans with Disabilities Act ' a discrimination claim and a retaliation claim.
FMLA Burdens of Proof: What You Need to Know
August 23, 2003
An important and developing issue under the Family and Medical Leave Act (FMLA or Act) is the appropriate burden of proof to be applied in assessing a plaintiff's claim. Soon after the FLMA became law in 1993, courts automatically applied the McDonnell-Douglas burden-shifting analysis in all FMLA cases, as they do when considering many other employment-related claims. After nearly 10 years, however, courts are now focusing more directly on burden shifting issues — and revising, if not clarifying, the law.
How to Defend Officers and Directors in a Management-Hostile Environment
August 14, 2003
As noted last month in Part One of this article, it is less common, but not unheard of, for the debtor itself to directly provide funds to defend and indemnify its D&Os, in addition to, or in lieu of, maintaining D&O insurance or to address a situation where the D&O has refused coverage (which is <i>not</i> that uncommon of an development).
