Site http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/ Recent Posts en-us Thu, 13 Dec 2018 16:55:34 -0500 Conducting Depositions http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/conducting-depositions/ There are no express ethical rules that govern preparing for, taking or defending depositions. While many rules touch upon these matters, they often give conflicting signals. For example, Rule 1.3, comment 3 of the Code of Professional Responsibility requires that a "lawyer should represent a client zealously within the bounds of the law. In contrast, Rules 3.3 and 3.4 respectively caution that a lawyer should exhibit candor towards the tribunal and fairness to the opposing party and counsel. Ethical concerns commonly arise in the context of fulfilling client expectations that prize zealous representation as well as by a need to counter equally zealous or even outrageous conduct by opposing counsel who is ostensibly acting in his or her client's interest. In these situations, therefore, it may be necessary for the employment to take into account applicable ethical and judicial standards and tailor his or her conduct accordingly.

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2016-07-22 10:36:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/conducting-depositions/
Preparing for, Taking and Defending Depositions in an Effective Manner http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/preparing-for-taking-and-defending-depositions-in-an-effective-manner/ There are no express ethical rules that govern preparing for, taking or defending depositions. While many rules touch upon these matters, they often give conflicting signals. For example, Rule 1.3, comment 3 of the Code of Professional Responsibility requires that a "lawyer should represent a client zealously within the bounds of the law. In contrast, Rules 3.3 and 3.4 respectively caution that a lawyer should exhibit candor towards the tribunal and fairness to the opposing party and counsel. Ethical concerns commonly arise in the context of fulfilling client expectations that prize zealous representation as well as by a need to counter equally zealous or even outrageous conduct by opposing counsel who is ostensibly acting in his or her client's interest. In these situations, therefore, it may be necessary for the employment to take into account applicable ethical and judicial standards and tailor his or her conduct accordingly.

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2016-07-15 15:31:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/preparing-for-taking-and-defending-depositions-in-an-effective-manner/
Labor, Employment and Human Resources Concerns Affecting Small to Mid-Sized Companies Doing Business in the USA http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/labor-employment-and-human-resources-concerns-affecting-small-to-mid-sized-companies-doing-business-in-the-usa/ There are numerous and overlapping federal, state and local labor laws that affect every employer who does business in the United States of America. These laws and implementing regulations govern how a business manages its work force, compensates and provides benefits to employees, and terminates members of its work force. This document provides a useful checklist of the issues that commonly arise in the operation of small and medium sized businesses

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2016-07-08 10:43:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/labor-employment-and-human-resources-concerns-affecting-small-to-mid-sized-companies-doing-business-in-the-usa/
Employer Reliance on Credit Reference Reports http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/employer-reliance-on-credit-reference-reports/ It is common practice for employers to secure credit reports on current and prospective employees. While this information can be easily obtained by subscribing to a commercial credit reporting service or by hiring a company specializing in conducting employment investigations, this practice has serious legal pitfalls. This text by Lawrence Sherman explores the issue further.  

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2016-07-01 13:59:12 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/employer-reliance-on-credit-reference-reports/
What Every Employee Needs to Know About Employment References http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/what-every-employee-needs-to-know-about-employment-references/ This useful document, written by Lawrence J. Sherman, outlines important information about employment references for new hires and provides a general guide to navigating potentially problematic situations.

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2016-06-24 11:21:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/what-every-employee-needs-to-know-about-employment-references/
FAQ - Age Discrimination http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/faq-age-discrimination/ Everyone grows older, including our own family members, friends and co workers. This useful document, prepared by Lawrence J. Sherman, provides answers to frequently asked general questions about workplace age discrimination. 

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2016-06-17 11:12:36 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/faq-age-discrimination/
Unfair Labor Practices and Why They Are Still Important in Labor Relations Today? http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/unfair-labor-practices-and-why-they-are-still-important-in-labor-relations-today/ Unfair labor practices (ULP) are legal responses to adverse employment actions taken by employers or unions that have been made unlawful under the National Labor Relations Act (NLRA) and their state and local counterparts. This article written by Lawrence J. Sherman provides more detail and discusses ULP's on the behalf of employers and unions alike.

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2016-04-08 10:11:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/unfair-labor-practices-and-why-they-are-still-important-in-labor-relations-today/
Anticipating and Coping with Disputes on the Job http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/anticipating-and-coping-with-disputes-on-the-job/ This article, written by Lawrence J. Sherman, addresses an employee's worst nightmare: The employer suddenly and without an apparent justification fires the employee or, alternatively, reacts adversely when he/she gives notice of resignation. What should the employee do and how should he/she cope with this horrendous situation?

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2016-04-01 07:00:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/anticipating-and-coping-with-disputes-on-the-job/
Overtime Pay http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/overtime-pay/ This article, written by Lawrence J. Sherman, outlines the employer requirements and conditions regarding overtime pay. This document further explains its definition, who is entitled vs. who is not, how overtime pay is calculated and other relevant details. 

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2016-03-25 09:00:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/overtime-pay/
Conducting An Investigation Into Claims of Unlawful Employment Discrimination http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/conducting-an-investigation-into-claims-of-unlawful-employment-discrimination/ This document written by Lawrence J. Sherman outlines conducting an investigation into claims of unlawful employment discrimination. This practical text highlights key indicators of unlawful discrimination, reviews some of the key pieces of the process and re-focuses the purpose and methods used.

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2016-03-18 10:49:04 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/conducting-an-investigation-into-claims-of-unlawful-employment-discrimination/
Collective Bargaining Agreements Confer Unique and Valuable Employment Rights but Can Only be Pursued Through the Employee's Labor Union http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/collective-bargaining-agreements-confer-unique-and-valuable-employment-rights-but-can-only-be-pursued-through-the-employee-s-labor-union/ This document written by Lawrence Sherman provides useful and tactical advice navigating employee rights within the scope of preparing for, taking or defending depositions and the duties that arise from all sides. 

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2016-03-11 10:20:26 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/collective-bargaining-agreements-confer-unique-and-valuable-employment-rights-but-can-only-be-pursued-through-the-employee-s-labor-union/
Arbitration and Employment Law http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/arbitration-and-employment-law/ This document written by Lawrence J. Sherman outlines basic information about arbitrations and covers the necessary topics of the process: background, application, usefulness (in addition to advantages and disadvantages), mechanics, and outcome

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2016-03-04 00:02:00 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/arbitration-and-employment-law/
How Effective is Alternative Dispute Resolution in Resolving Employment Disputes? http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/how-effective-is-alternative-dispute-resolution-in-resolving-employment-disputes/ This article describes the effectiveness of using Alternative Dispute Resolution (ADR) as a means of resolving various types of employment disputes. The two most common forms of ADR are mediation and arbitration. After explaining briefly each of these ADR techniques, this article provides background information and then discusses separately mediation and arbitration in comparison with traditional litigation.

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2016-02-26 20:01:15 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/how-effective-is-alternative-dispute-resolution-in-resolving-employment-disputes/
Effectively Presenting The Management's Case in Arbitration http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/effectively-presenting-the-management-s-case-in-arbitration/ This document outlines the process of effectively representing the union's case in an arbitration and provides detailed, useful advice in working towards a favorable resolution. Such topics covered include: performing background research on the arbitrator, preparation steps, and mid-arbitration tactical advice.

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2016-02-19 11:51:11 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/effectively-presenting-the-management-s-case-in-arbitration/
Is Alternative Dispute Resolution A Viable Alternative to Going to Court? http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/is-alternative-dispute-resolution-a-viable-alternative-to-going-to-court/ It is now commonplace to use Alternative Dispute Resolution (ADR) to resolve employment disputes, including discrimination cases arising under Title VII, the ADEA, and parallel state and local legislation. Employment agreements frequently contain mandatory arbitration provisions that are legally binding and enforceable. 

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2015-11-28 14:33:06 http://www.website.com.php53-9.dfw1-1.websitetestlink.com/blog/is-alternative-dispute-resolution-a-viable-alternative-to-going-to-court/