We had another great turnout last week for my firm’s seminar on labor & employment law. Many of the topics would be familiar to avid blog readers, but there were three interesting points that I haven’t talked much about that I thought were also notable. 1. In September, the IRS announced a Voluntary Classification Settlement… Continue Reading
Tag Archives: settlement
The “Standard” Provisions in an Employment Settlement Agreement
Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource CenterThe title of this post is, of course, a bit misleading. Any lawyer will tell you that each employment case you may have is unique and that any settlement must take into account the facts and circumstances of the particular case. All true. And, if your company is negotiating a settlement, you ought to have… Continue Reading
BREAKING: Ricci v. DeStefano Plaintiffs Accept Offers Of Judgment
Posted in Discrimination & Harassment, LitigationNews outlets this morning reported that the plaintiffs (a group of firefighters in New Haven) in the Ricci v. DeStefano reverse discrimination case were awarded damages of about $2 million (plus attorneys fees of $3 million). What the reports don’t really get into, however, is exactly how that has come about. Turns out that the… Continue Reading
“Discourage Litigation….”
Posted in LitigationAt a recent settlement conference in federal court, the presiding judge read both parties a quote at the start of the process and asked the parties to name the source of the quote. Here’s the quote: Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is… Continue Reading
Should I Fight Or Settle: The Strategic Business Decision
Posted in LitigationA common question for employers when confronted with a lawsuit is this: Should I fight or try to settle? Unfortunately, that decision inevitably is a business one and often times depends on the facts and circumstances of the case. Sure, there are attorneys who profess to be "pitbulls" and who claim that it’s always best… Continue Reading
What Ever Happened To….The Complaint Brought by a Fox 61 Reporter?
Posted in Discrimination & Harassment, LitigationRemember the buzz in 2009 about a complaint filed by a Fox 61 reporter (Shelly Sindland) that she had been discriminated against because of her age? You can find all of my stories about it here. It certainly had allegations that made others take notice (including a reference to "Big Boob Fridays"). Well, the case… Continue Reading
Superintendent, School Board Agree to Settlement After Alleged Facebook Posts
Posted in Human Resources (HR) Compliance, Social MediaIn a followup to a post of earlier this week, Windsor Locks and its Superintendent of Schools reached an agreement late yesterday in which the Superintendent agreed to resign in exchange for a six month severance payment (to be shorted if he finds work before the expiration of that severance period.) The agreement comes after… Continue Reading
Quick Hits: USERRA Releases, DeepNet, World Cup, Telecommuting, Facebook Messages, Overtime on Commssions, Interns
Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourWith all the news about recent Supreme Court decisions, here are a few articles that you might of missed over the last few weeks: The Ohio Employer’s Law Blog reports on an interesting 6th Circuit decision that allows a USERRA claim (the statute that guarantees job restoration after military service) to be released in a separation… Continue Reading
The Report of the Death of the Confidentiality Clause Is Exaggerated
Posted in Class Actions, Human Resources (HR) Compliance, LitigationFormer Hartford resident Mark Twain once wrote: "The Report of My Death Was An Exaggeration". The same can be said, I believe, of reports from a case out of Florida on confidentiality. Rick Hayber, who writes the Connecticut Employee Rights Blog, discussed the case earlier this week and asked for my views. In the case,… Continue Reading
More on True Cost of Litigation: Opponent’s Attorneys Fees May Trump Damages
Posted in LitigationLast week, I talked about how the time spent litigating an employment discrimination case can be a big part of the cost of the defense of such a matter. That "time" has another consequence as well: It increases the amount of attorneys’ fees that an employee has to spend litigating a case. As a result,… Continue Reading
What Happened To … The Lawsuits Against the CHRO By Two Former Employees?
Posted in CHRO & EEOCIt seems like every fall, something new trickles out of a lawsuit brought by two former employees of the Commission on Human Rights and Opportunities (CHRO) — Paula Ross and Valerie Kennedy. The two employees claimed that they were the victims of discrimination by an agency responsible for investigating complaints of discrimination. You can find… Continue Reading
Quick Hits: Psychogenic Illness, ENDA, Social Networking for Employers, Notification of Rights, Caregiver Discrimination, Tax Treatment
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Legislative Developments, Wage & HourOver the last several days, I’ve been attending the American Bar Association’s Annual Meeting in Chicago as a delegate from Connecticut to its main governing board (you can watch the webcast replay here, featuring a speech by Attorney General Eric Holder). The ABA accomplishes quite a bit and if you’ve been following my Twitter feed lately,… Continue Reading
Settlement of Employment Law Disputes – A Great Checklist of Issues to Consider in Drafting and Negotiating
Posted in Human Resources (HR) ComplianceWouldn’t it be great if there were a document that outlined issues that both employers and employees could think about when trying to settle employment law disputes? Turns out there is. You just need to know where to look. At the risk of giving up one of my "secret resources", one of my favorites is… Continue Reading
The Latest Trend? Another Free-Speech Victory for Employees
Posted in Human Resources (HR) Compliance, LitigationIs a trend forming in First Amendment free-speech cases in Connecticut? It certainly seems that way. Last week, a jury returned a verdict in favor of Andrea Charron in her lawsuit against the Town of Griswold. The jury awarded damages in excess of $800,000 (not including punitive damages and attorneys fees). This is at least… Continue Reading
Estimating the Costs of Litigation; Parallel Stories Illustrate Difficulty of Predicting Costs and Outcome of Litigation
Posted in LitigationReturning from the ABA Meeting today, there were two stories over the last couple of days that have received some press. Taken together, they show the difficulties that companies and individuals have in predicting both the outcome of lawsuits and the costs of them. First, the stories: The Financial Accounting Standards Board (FASB) is proposing… Continue Reading
Guest Blogger: The Division of Chores and Partnership Compensation – Part I
Posted in LitigationI often compare employment law cases to bitter divorces. Both require the deft touch of a mediator in order to get them resolved. Fortunately, for our blog readers, we have another terrific guest blogger, Victoria Pynchon to talk about mediation. She blogs, but more importantly, she is a mediator and arbitrator for the Southern California ADR firm Judicate West. For readers… Continue Reading
Insurance for Employers (EPLI) – The Good, the Bad, the Unknown
Posted in Human Resources (HR) ComplianceTo Be (Insured) or Not To Be (Insured)? That is the question that employers face each day in Connecticut and across the nation when it comes to Employment Practice Liability Insurance (EPLI, for short). The problem with such a question is that the answer is a classic "it depends". For some employers, the answer may… Continue Reading
Tips on Negotiation & Settlement – What HR Professionals and In-House Counsel Can Learn From A-Rod & the Yankees
Posted in Human Resources (HR) ComplianceLately, the best soap opera in the area has been the on-again, off-again negotiations between Alex Rodriguez (otherwise known as A-Rod) and the New York Yankees. As a Yankees and baseball fan, it has provided lots of drama already in the offseason. But the case has also provided a very good example of how to handle… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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