Tag: evidence

Mexican Worker Warned to “Speak American” Gets Trial

Marcial Avila worked for Jostens, Inc., a yearbook publisher, in its Topeka, Kansas, facility from 1995 until September 2003. His duties included counting yearbooks, packing them into boxes, and printing and affixing shipping labels. He is a legal resident of the United States but was born in Mexico and spoke Spanish as his primary language. […]

The Accountants

Litigation value: $15,000 In our last review of The Office webisodes, we tune into the first websiode, “The Accountants.” In the episode, Oscar, Angela, and Kevin interview everyone in the office to track down $3,000 missing from the books. At times, the interviews become a bit inappropriate, like when the accountants get on Michael’s computer […]

Canadian Employer Can’t Fire Worker On Marijuana

by Sara Parchello While U.S. employers know that their human resources policies may need to be tweaked to comply with Canadian laws, many are surprised at how different Canada’s drug testing laws are. In the United States, drug use and impairment in the workplace are seen the same as any other criminal activity. In Canada, […]

Four Employees Win $19 Million in Race Case

A federal jury in Portland recently awarded $19 million to four African-American former employees of Asbury Automotive Group, LLC ? the former corporate owner of Thomason Toyota in Gladstone. The workers alleged they were forced to endure a hostile, racially charged work environment. Four salesmen, Carlos Barfield, Marcus Arnold, Jahaeel Hardy, and Kent Paul, sued […]

Court Rejects Government Worker’s Age, Gender Suit

Jeffery Akers was a patent examiner at the U.S. Patent and Trademark Office (PTO). He sought a promotion but didn’t get it. Instead, a younger woman was given the position. Akers believed that his age and gender prevented him from getting the promotion, so he filed a discrimination charge with the Equal Employment Opportunity Commission […]

McDonald’s Fails to Accommodate Employee Unable to Wash Hands

by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]

Supreme Court Rules on ‘Me Too’ Evidence

The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]

Tips for Creating Sound Documentation to Avoid Lawsuits by Employees

Although there’s no sure-fire method to prevent a disgruntled employee from filing a lawsuit against an employer, there’s a readily available tool that can help you defeat the majority of lawsuits: documentation. Employment lawsuits often are won or lost on the soundness and completeness of an employer’s recordkeeping practices. Here are a few tips to […]

Fun Run

Litigation Value: Approximately $450,000 (depends on how much Meredith’s medical bills are) It is good to be back and last night’s episode was a great start for a promising season! When a manager runs over an employee with a company car on company property, it’s time to contact the finance department about setting aside a […]