Employment Evidence

ebook

By David W. Neel

cover image of Employment Evidence

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Format

ebook

Author

David W. Neel

Publisher

James Publishing

Release

07 March 2025

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Subjects

National Employment & Labor Law Practice Guide

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REVISION 21 HIGHLIGHTS

In this 2024 edition of Employment Evidence, author David W. Neel brings you expanded and updated coverage of the governing law, including nearly 200 new case summaries and 8 new forms. The highlights include:

Case Summaries and Legal Analysis re:

Administrative Decisions and Materials

  • Admissibility of EEOC and State agency reports and findings
  • Reconciling claims for SSD benefits with ADA claims

    Plaintiff's Prior Bad Acts

  • Sexual conduct in and outside of the workplace
  • Work performance at prior employer
  • Prior lawsuit against another employer

    Defendant's Documents

  • Personnel manuals and policies (e.g., employee handbooks as business records)
  • Severance agreements and other post- termination offers

    Financial Evidence

  • Undue burden — ADA failure to accommodate
  • Defendant's tactics: "David and Goliath" argument is unduly prejudicial

    Testimonial Evidence

  • Proof of discriminatory animus: direct and circumstantial evidence; stray remarks
  • Evidence of discriminatory remarks: cat's paw liability

    Experts

  • HR experts: employer's policies and procedures; industry practices and procedures
  • Mental health/medical experts: FMLA "serious health condition"
  • Mitigation experts

    Admissibility of Electronic Evidence and Statistical Evidence

    Case examples of Attorneys' Fees and Costs granted/denied to Defendant

    New Forms

  • Plaintiff's MIL to Exclude Evidence of Plaintiff's Separate Lawsuit Against Defendant
  • Plaintiff's Brief in Support of MIL to Exclude HR-Created Document
  • Defendant's Brief in Opposition to Plaintiff's MIL to Exclude HR-Created Document
  • Defendant's Brief in Support of Motion for Sanctions – Destruction of Evidence
  • Defendant's Motion for Sanctions for Destruction of ESI
  • Plaintiff's Brief in Opposition to Motion for Sanctions for Destruction of ESI
  • Defendant's Motion for JMOL or New Trial
  • Plaintiff's Response to Defendant's Motion for JMOL or New Trial

    • Format

    ebook

    Author

    David W. Neel

    Publisher

    James Publishing

    Release

    07 March 2025

    Share

    Subjects

    National Employment & Labor Law Practice Guide
    Employment Evidence