Tag Archives: employment litigation

Should My Business Use an Arbitration Agreement for Employment Disputes?

A frequent question that employers have when it comes to employment contracts and policies is whether the company should use an arbitration procedure for resolving disputes. While there is not a “right or wrong” answer to this question, I tend to recommend employers reconsider using arbitration for resolving employment disputes. Two important factors for recommending … Continue Reading

Michigan Experiments with Business Courts

It is not often that the legal system and innovation are used (positively) in the same sentence. However, Michigan has implemented a statewide innovative “business court” system to handle legal disputes that fall into a number of categories associated with business matters. I’m currently sitting in Wayne County Circuit Court’s Business Court for a breach … Continue Reading

Discrimination Lawsuits Aren’t Rorschach Tests – They Should Not Be Subject to Interpretation

The Michigan Court of Appeals sent a strong message that employment lawsuits should not be analogous to a Rorschach¬†test, i.e., subject to interpretation. Instead, there are certain fundamental pleading requirements that must be alleged in order to state a claim; Failing to follow these requirements may result in a dismissal of the claim. The decision … Continue Reading

Jim Leyland – A Great Baseball Manager, but a Bad Example for Managing Your Company’s HR

Jim Leyland, the now former manager for the Detroit Tigers, officially announced his resignation today. Under his tenure, which lasted eight seasons, Mr. Leyland took the Tigers to two World Series and had an overall record of 700-597. An example in “what not to do” in managing a company’s human resources. Mr. Leyland’s tenure with … Continue Reading

March Madness and Employment Litigation – It’s All About the Numbers … and a Little Luck

Employment discrimination claims and making bracket selections for March Madness a/k/a the men’s Division 1 NCAA basketball tournament often share two decision-making approaches: Guessing and analysis. For example, Survival of the Fittest: A New Model for NCAA Tournament Prediction discusses analyzing the tournament using a model based on network characteristics to “quantify traits that specifically apply to … Continue Reading

Computer Fraud and Abuse Act: A Criminal Statute That Extends to the Employment Relationship?

A recent article in the Wall Street Journal, As Criminal Laws Proliferate, More Ensnared (Gary Fields and John Emshwiller), details the increasing number of federal criminal statutes and federal prosecutions – a threefold increase over the last 30 years. The article attributes – in part – this upward spiral to the criminalization of issues generally … Continue Reading

Prominent Detroit Law Firm Settles Employment Discrimination Claims Following Allegations of Mismanaging E-Discovery Preservation

On May 31, 2011, Crain’s Detroit Business (by Chad Halcom) reported that a prominent Detroit law firm and its Vice-Chairman had settled litigation involving various employment law claims filed by a former executive assistant.  I previously reported on this employment discrimination litigation and also discussed the lessons to be learned from the law firm’s alleged mishandling of its … Continue Reading

Americans with Disabilities Act: The Times They are (likely) a Changin’

A panel of the Sixth Circuit Court of Appeals (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) recently gave employers the heads up that The Times They are a Changin,‘ or at least should be, when it comes to the standard for successfully making a claim under the Americans with Disabilities Act (ADA). … Continue Reading
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