Federal judge in Connecticut grants plaintiff's motion to preclude introduction of human resources internal workplace investigation because it was not "conducted by a neutral party."
This document summarizes various connective tissue lesions, including fibrous lesions such as peripheral fibroma, generalized gingival hyperplasia, and denture-induced fibrous hyperplasia. It also discusses neoplasms like myxoma and fibrosarcoma. Vascular, neural, muscle, and fat lesions are also covered. For each type of lesion, the document discusses etiology, clinical features, histopathology, and treatment.
This document summarizes a plaintiff's memorandum in support of a motion to preclude "Open Door Evidence" in an age discrimination case against IBM. The plaintiff, James Castelluccio, alleges he was subjected to age discrimination and unfair treatment by his supervisor at IBM, resulting in his termination at age 61 after 40 years of employment. He filed an internal complaint through IBM's "Open Door" process, which was investigated by IBM employee Russell Mandel. The plaintiff now seeks to preclude Mandel's investigation notes, report, and testimony from being introduced at trial. The plaintiff argues the evidence lacks sufficient reliability and trustworthiness, as the investigation was not neutral, did not consider all relevant evidence, and was focused on justifying the
1) Justice Scalia concurs with the Court's opinion except for Part III-A, which discusses whether the Fourth Amendment applies to messages on employer-issued pagers.
2) Scalia believes the threshold question should be whether the Fourth Amendment in general applies to messages on employer-issued pagers, not whether it applies based on "operational realities" of the workplace.
3) However, Scalia finds it unnecessary to answer the threshold question because, even assuming the Fourth Amendment applies, the city's search of the messages was reasonable and did not violate the Amendment.
In-House Counsel's Role in Avoiding Willful Patent InfringementTim Hsieh
This document discusses actions in-house counsel can take post-Seagate to avoid findings of willful patent infringement. It recommends:
1) Continuing to implement design-around strategies and obtaining opinions of counsel, though an opinion is not always required.
2) Ensuring opinions of counsel are timely obtained, provided to decision-makers, and relied upon before production begins.
3) Making sure all relevant information is provided to opinion counsel.
4) Reviewing opinions for quality and protecting counsel's independence.
5) Educating employees and establishing communication lines to detect potential issues.
Jury awarded $999,891.70 in back pay and benefits in age discrimination case. Also awarded $500,000 in compensatory damages for emotional distress and found that "IBM knew or showed reckless disregard for whether its termination [of employee] constituted age discrimination."
- The document summarizes key points from a newsletter published by UK Adjudicators in December 2018.
- It discusses a recent court of appeal case that upheld an employer's right to commence an adjudication to determine the 'true value' of interim payments, even if their initial payment/pay less notices were invalid, so long as the notified sum has been paid.
- It also provides updates on recent and upcoming events involving UK Adjudicators, including conferences attended and planned networking events.
This document summarizes various connective tissue lesions, including fibrous lesions such as peripheral fibroma, generalized gingival hyperplasia, and denture-induced fibrous hyperplasia. It also discusses neoplasms like myxoma and fibrosarcoma. Vascular, neural, muscle, and fat lesions are also covered. For each type of lesion, the document discusses etiology, clinical features, histopathology, and treatment.
This document summarizes a plaintiff's memorandum in support of a motion to preclude "Open Door Evidence" in an age discrimination case against IBM. The plaintiff, James Castelluccio, alleges he was subjected to age discrimination and unfair treatment by his supervisor at IBM, resulting in his termination at age 61 after 40 years of employment. He filed an internal complaint through IBM's "Open Door" process, which was investigated by IBM employee Russell Mandel. The plaintiff now seeks to preclude Mandel's investigation notes, report, and testimony from being introduced at trial. The plaintiff argues the evidence lacks sufficient reliability and trustworthiness, as the investigation was not neutral, did not consider all relevant evidence, and was focused on justifying the
1) Justice Scalia concurs with the Court's opinion except for Part III-A, which discusses whether the Fourth Amendment applies to messages on employer-issued pagers.
2) Scalia believes the threshold question should be whether the Fourth Amendment in general applies to messages on employer-issued pagers, not whether it applies based on "operational realities" of the workplace.
3) However, Scalia finds it unnecessary to answer the threshold question because, even assuming the Fourth Amendment applies, the city's search of the messages was reasonable and did not violate the Amendment.
In-House Counsel's Role in Avoiding Willful Patent InfringementTim Hsieh
This document discusses actions in-house counsel can take post-Seagate to avoid findings of willful patent infringement. It recommends:
1) Continuing to implement design-around strategies and obtaining opinions of counsel, though an opinion is not always required.
2) Ensuring opinions of counsel are timely obtained, provided to decision-makers, and relied upon before production begins.
3) Making sure all relevant information is provided to opinion counsel.
4) Reviewing opinions for quality and protecting counsel's independence.
5) Educating employees and establishing communication lines to detect potential issues.
Jury awarded $999,891.70 in back pay and benefits in age discrimination case. Also awarded $500,000 in compensatory damages for emotional distress and found that "IBM knew or showed reckless disregard for whether its termination [of employee] constituted age discrimination."
- The document summarizes key points from a newsletter published by UK Adjudicators in December 2018.
- It discusses a recent court of appeal case that upheld an employer's right to commence an adjudication to determine the 'true value' of interim payments, even if their initial payment/pay less notices were invalid, so long as the notified sum has been paid.
- It also provides updates on recent and upcoming events involving UK Adjudicators, including conferences attended and planned networking events.
Public Protector v Reserve Bank [Judgment] Con Court 107 18SABC News
The Constitutional Court of South Africa heard a case regarding costs ordered against the Public Protector for her investigation into a loan provided by the South African Reserve Bank to Bankorp. The majority judgment found that ordering punitive costs against the Public Protector in her official capacity could have a chilling effect on holding powerful institutions accountable. However, the dissenting Chief Justice would have set aside the costs order, finding that the requirements for punitive costs were not adequately explained or shown to be met in this case. The case addressed the balance between enabling independent oversight and guarding against abuse of power.
This document discusses statutory adjudication, which was introduced to quickly and fairly resolve payment disputes in the construction industry. It examines various review mechanisms for erroneous adjudication determinations that exist in different jurisdictions. The paper argues that an appropriately designed legislative review mechanism, like those in Singapore and proposed in Tasmania that allow a full review of the merits of determinations, could optimize statutory adjudication and increase parties' confidence by attaining procedural fairness, accessibility and finality. This could make adjudication a more effective alternative dispute resolution for construction payment disputes.
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
This order summarizes a hearing held by the National Company Law Tribunal regarding violations of sections 215(3) and 217(3) of the Companies Act by M/s. Leisure Club India Pvt. Ltd. The violations involved holding only one board meeting each year from 2005-2006 to 2010-2011 where the annual accounts, auditor's report, and director's report were considered and approved without following proper procedures. While the petitioners sought to compound the offenses, the SFIO objected claiming the defaults were wilful. However, the SFIO failed to prove the violations were wilful or show how compounding would affect other cases. Therefore, the Tribunal imposed fines totaling Rs. 75,000, Rs.
This document summarizes a Singapore Court of Appeal case that clarified principles for adjudicating claims under the Building and Construction Industry Security of Payment Act. The Court affirmed that an adjudication determination can be set aside for failing to consider an essential issue properly raised by the parties, in breach of natural justice. Specifically, the Court upheld setting aside a determination that did not address the respondent's claims regarding back charges and variation works owed to it. This confirms that while adjudications aim for rough justice, adjudicators must still apply their minds to all essential issues or risk their determinations being overturned.
a) Maintaining approximate compensation parity among employees within the same employment categories (for example, among junior software engineers);
b. Maintaining certain compensation relationships among employees across different employment categories (for example, among junior software engineers relative to senior software engineers)
This document examines approaches to limiting judicial intervention in statutory construction adjudication in Australia. It discusses how courts have adopted both broad and narrow approaches to jurisdictional facts, with a broad approach supporting the objective of keeping cash flowing but bringing risks of more errant determinations. The document also analyzes legislative silence and inconsistent case law around remitting flawed determinations and severing valid parts. It concludes that an expanded legislative review process, based on Western Australia's legislation, could help reduce tensions between the objective and court involvement by providing alternative relief.
1) The plaintiffs, a photographer and his company, brought this action against their former agent MCA and its individual owners to recover unpaid fees of $400,484.97 for work performed.
2) MCA became insolvent in 2010 and stopped paying the plaintiffs in 2012. The plaintiffs allege that the individual defendants fraudulently transferred money from MCA's accounts to themselves.
3) The defendants move for summary judgment dismissing some claims, while two individual defendants seek to dismiss all claims against them. The court must determine if there are any genuine disputes of material fact.
This document is the Defendant's Reply Brief in support of its motion under Rule 60(b)(6) for limited relief from the Court's order vacating the 2008 STEM OPT Extension rule. It argues the Court has jurisdiction to modify its previous order staying vacatur. It asserts extraordinary circumstances exist to justify extending the stay of vacatur by 90 days through May 10, 2016, to allow DHS time to implement its new STEM OPT rule and provide guidance. It requests the Court decide its motion expeditiously given the impact on thousands of students and employers.
This newsletter from UK Adjudicators provides updates on security of payment laws and adjudication. It discusses training being offered in 2019 to support applicants to their adjudicator panel. It also summarizes differences between how Australian and English courts treat severing valid parts of an adjudicator's decision from parts affected by jurisdictional error. Additionally, it provides updates on legislation regarding construction retention schemes in the UK and amendments to security of payment laws in New South Wales.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
In a defeat for Google, a federal appellate panel has reinstated a pay-per-click advertiser's claims that the Google misrepresented the effectiveness of its click-fraud detection system. Singh alleged that he hired Oxford BioChronometrics in 2018 to conduct an analysis of some of his ad campaigns, which showed that Google’s filters caught fewer fraudulent clicks than advertised.
The Benefits of Arbitrating International Commercial DisputesStephenLBrodsky
International arbitration provides several key advantages over cross-border litigation for resolving international commercial disputes. The most significant is that arbitral conventions like the New York Convention make it much easier to enforce arbitration awards across borders. Over 150 countries have signed on to the New York Convention. International arbitration also allows parties more control over procedure and greater input in selecting subject matter experts as arbitrators. While arbitration may involve certain disadvantages like limited discovery and appellate rights, it typically provides swifter, more flexible, and more confidential proceedings compared to litigation.
The document discusses employment equity and affirmative action policies and how they were implemented at Defy Appliances Ltd in 1999, covering what employment equity and affirmative action are, how the policies work, obstacles faced in implementation, and the conclusion that the policies led to greater representation of designated groups in companies in South Africa. It provides details on the contents and implementation of South Africa's Employment Equity Act of 1998.
Patent Reform 2015 - Andrew Baluch presentation to Rutgers UniversityDipanjan "DJ" Nag
This document discusses various efforts at patent reform in 2015 at both the federal and state levels. At the federal level, the executive branch proposed reforms and Congress considered bills like the Innovation Act. These addressed issues like fee shifting, real party in interest disclosure, and staying customer suits. Meanwhile, states passed laws regulating abusive patent demand letters. Courts also addressed several patent reform issues through decisions that intersected with proposed legislation. Overall, the document analyzes the complex interplay between different government entities on the multi-faceted topic of patent reform.
Letter Decision Resolving Defendants' Motion For Leave To Amend .pdfHindenburg Research
The Court of Chancery grants Elon Musk's motion to amend his counterclaims against Twitter to include allegations from a whistleblower complaint filed by a former Twitter employee. However, the Court denies Musk's request to extend the October 17 trial date, citing the risk of irreparable harm to Twitter from further delay. The Court will allow only limited additional discovery for Musk related to the new allegations and maintains the existing case schedule to proceed to trial as planned.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
1Legal Implications in Human Resource ManagementCase o.docxjesusamckone
1
Legal Implications in Human Resource Management
Case of Schwartz Group
Zeeshan Ahmed
K1820578
2
Question 1
Q1 – a
Schwartz Group is confronted with the terrible test of establishing changes into their business and
their strategic policies to decrease working expenses and unavoidably being compelled to make
redundancies. Maybe the exact opposite thing that Schwartz company needs in such a
circumstance is to reduce the risk of additional costs that may occur because of poor execution of
right repetition methods (Carter, et al., 2017).
Repetition is one of the most challenged and questionable parts of business, particularly
concerning economies with negative monetary atmospheres. The expression "repetition", with
regards to business law, alludes to the situation of the Schwartz company wherein a business
lessens their workforce if a specific activity/employment are not, at this point required, i.e., they
become "excess". Such circumstances may emerge because of elements that are outside the
control of the worker itself, for example, however not constrained to:
1. the business shutting down
2. expecting to cut costs
3. appearance of counterfeit innovation (AI)
or different advances that have made that activity superfluous. Much of the time, excess
isn't an impression of the representative's capacity to carry out their responsibility, rather
it is brought about by assistant elements (Brewster, 2017).
Q1 – a
The hypothesis to be tested is the influence of the value of the rights on the exercise of the action.
Dismissed employees whose rights are of low value are very little active before the courts. If the
3
number of redundant employees with this type of rights increases over time, the number of appeals
may decrease. Also, we question the role that increased job instability could play once reducing
the number of employees at Schwartz. Thus, the observation to which "there is a weakening of
protections for employees which owes nothing to the repeal of previous legal standards, but which
is the product of economic changes which the law does not come to accompany" could find
empirical verification. We can clearly observe an inverse relationship between the share of
redundant employees who have not been able to acquire two years of service and the rate of
recourse to proud men in the case of dismissal for personal reasons (Bratton & Gold, 2017).
Q1 – a
This position has long been defended by British employers as well as by the OECD and many
economists. It was already in response to this criticism that the administrative constraints weighing
on redundancy affirmed that this reform was likely to allow the creation of 367,000 jobs, a
prediction that never came true. The OECD considers that there is a correlation between the level
of job protection and unemployment: “Do job protection regulations have an impact on the
recruitment and dismissal policy of companies and is this i.
George Papadopoulos, a foreign policy advisor to the 2016 Trump presidential campaign, pleaded guilty to making false statements to the FBI about his contacts with individuals connected to the Russian government. Specifically, Papadopoulos lied about the timing of these contacts, stating they occurred before he joined the campaign when in fact they occurred after. He also lied about the importance of the individuals, stating they were "nothing" when he believed they had substantial connections to Russian officials. Papadopoulos' lies to the FBI impeded their investigation into links between the Trump campaign and Russia's election interference efforts.
This document provides information about Workplace Investigations Group, which offers attorney investigators to conduct workplace investigations. It summarizes their benefits such as minimizing business disruption and eliminating conflicts of interest. The directory then profiles several attorney investigators and their experience in areas like Title IX investigations, workplace discrimination, and mediation. It concludes by discussing investigation training offered by Workplace Investigations Group.
More Related Content
Similar to Castelluccio v. IBM, Judge's Order Granting Motion to Preclude
Public Protector v Reserve Bank [Judgment] Con Court 107 18SABC News
The Constitutional Court of South Africa heard a case regarding costs ordered against the Public Protector for her investigation into a loan provided by the South African Reserve Bank to Bankorp. The majority judgment found that ordering punitive costs against the Public Protector in her official capacity could have a chilling effect on holding powerful institutions accountable. However, the dissenting Chief Justice would have set aside the costs order, finding that the requirements for punitive costs were not adequately explained or shown to be met in this case. The case addressed the balance between enabling independent oversight and guarding against abuse of power.
This document discusses statutory adjudication, which was introduced to quickly and fairly resolve payment disputes in the construction industry. It examines various review mechanisms for erroneous adjudication determinations that exist in different jurisdictions. The paper argues that an appropriately designed legislative review mechanism, like those in Singapore and proposed in Tasmania that allow a full review of the merits of determinations, could optimize statutory adjudication and increase parties' confidence by attaining procedural fairness, accessibility and finality. This could make adjudication a more effective alternative dispute resolution for construction payment disputes.
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
This order summarizes a hearing held by the National Company Law Tribunal regarding violations of sections 215(3) and 217(3) of the Companies Act by M/s. Leisure Club India Pvt. Ltd. The violations involved holding only one board meeting each year from 2005-2006 to 2010-2011 where the annual accounts, auditor's report, and director's report were considered and approved without following proper procedures. While the petitioners sought to compound the offenses, the SFIO objected claiming the defaults were wilful. However, the SFIO failed to prove the violations were wilful or show how compounding would affect other cases. Therefore, the Tribunal imposed fines totaling Rs. 75,000, Rs.
This document summarizes a Singapore Court of Appeal case that clarified principles for adjudicating claims under the Building and Construction Industry Security of Payment Act. The Court affirmed that an adjudication determination can be set aside for failing to consider an essential issue properly raised by the parties, in breach of natural justice. Specifically, the Court upheld setting aside a determination that did not address the respondent's claims regarding back charges and variation works owed to it. This confirms that while adjudications aim for rough justice, adjudicators must still apply their minds to all essential issues or risk their determinations being overturned.
a) Maintaining approximate compensation parity among employees within the same employment categories (for example, among junior software engineers);
b. Maintaining certain compensation relationships among employees across different employment categories (for example, among junior software engineers relative to senior software engineers)
This document examines approaches to limiting judicial intervention in statutory construction adjudication in Australia. It discusses how courts have adopted both broad and narrow approaches to jurisdictional facts, with a broad approach supporting the objective of keeping cash flowing but bringing risks of more errant determinations. The document also analyzes legislative silence and inconsistent case law around remitting flawed determinations and severing valid parts. It concludes that an expanded legislative review process, based on Western Australia's legislation, could help reduce tensions between the objective and court involvement by providing alternative relief.
1) The plaintiffs, a photographer and his company, brought this action against their former agent MCA and its individual owners to recover unpaid fees of $400,484.97 for work performed.
2) MCA became insolvent in 2010 and stopped paying the plaintiffs in 2012. The plaintiffs allege that the individual defendants fraudulently transferred money from MCA's accounts to themselves.
3) The defendants move for summary judgment dismissing some claims, while two individual defendants seek to dismiss all claims against them. The court must determine if there are any genuine disputes of material fact.
This document is the Defendant's Reply Brief in support of its motion under Rule 60(b)(6) for limited relief from the Court's order vacating the 2008 STEM OPT Extension rule. It argues the Court has jurisdiction to modify its previous order staying vacatur. It asserts extraordinary circumstances exist to justify extending the stay of vacatur by 90 days through May 10, 2016, to allow DHS time to implement its new STEM OPT rule and provide guidance. It requests the Court decide its motion expeditiously given the impact on thousands of students and employers.
This newsletter from UK Adjudicators provides updates on security of payment laws and adjudication. It discusses training being offered in 2019 to support applicants to their adjudicator panel. It also summarizes differences between how Australian and English courts treat severing valid parts of an adjudicator's decision from parts affected by jurisdictional error. Additionally, it provides updates on legislation regarding construction retention schemes in the UK and amendments to security of payment laws in New South Wales.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
In a defeat for Google, a federal appellate panel has reinstated a pay-per-click advertiser's claims that the Google misrepresented the effectiveness of its click-fraud detection system. Singh alleged that he hired Oxford BioChronometrics in 2018 to conduct an analysis of some of his ad campaigns, which showed that Google’s filters caught fewer fraudulent clicks than advertised.
The Benefits of Arbitrating International Commercial DisputesStephenLBrodsky
International arbitration provides several key advantages over cross-border litigation for resolving international commercial disputes. The most significant is that arbitral conventions like the New York Convention make it much easier to enforce arbitration awards across borders. Over 150 countries have signed on to the New York Convention. International arbitration also allows parties more control over procedure and greater input in selecting subject matter experts as arbitrators. While arbitration may involve certain disadvantages like limited discovery and appellate rights, it typically provides swifter, more flexible, and more confidential proceedings compared to litigation.
The document discusses employment equity and affirmative action policies and how they were implemented at Defy Appliances Ltd in 1999, covering what employment equity and affirmative action are, how the policies work, obstacles faced in implementation, and the conclusion that the policies led to greater representation of designated groups in companies in South Africa. It provides details on the contents and implementation of South Africa's Employment Equity Act of 1998.
Patent Reform 2015 - Andrew Baluch presentation to Rutgers UniversityDipanjan "DJ" Nag
This document discusses various efforts at patent reform in 2015 at both the federal and state levels. At the federal level, the executive branch proposed reforms and Congress considered bills like the Innovation Act. These addressed issues like fee shifting, real party in interest disclosure, and staying customer suits. Meanwhile, states passed laws regulating abusive patent demand letters. Courts also addressed several patent reform issues through decisions that intersected with proposed legislation. Overall, the document analyzes the complex interplay between different government entities on the multi-faceted topic of patent reform.
Letter Decision Resolving Defendants' Motion For Leave To Amend .pdfHindenburg Research
The Court of Chancery grants Elon Musk's motion to amend his counterclaims against Twitter to include allegations from a whistleblower complaint filed by a former Twitter employee. However, the Court denies Musk's request to extend the October 17 trial date, citing the risk of irreparable harm to Twitter from further delay. The Court will allow only limited additional discovery for Musk related to the new allegations and maintains the existing case schedule to proceed to trial as planned.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
1Legal Implications in Human Resource ManagementCase o.docxjesusamckone
1
Legal Implications in Human Resource Management
Case of Schwartz Group
Zeeshan Ahmed
K1820578
2
Question 1
Q1 – a
Schwartz Group is confronted with the terrible test of establishing changes into their business and
their strategic policies to decrease working expenses and unavoidably being compelled to make
redundancies. Maybe the exact opposite thing that Schwartz company needs in such a
circumstance is to reduce the risk of additional costs that may occur because of poor execution of
right repetition methods (Carter, et al., 2017).
Repetition is one of the most challenged and questionable parts of business, particularly
concerning economies with negative monetary atmospheres. The expression "repetition", with
regards to business law, alludes to the situation of the Schwartz company wherein a business
lessens their workforce if a specific activity/employment are not, at this point required, i.e., they
become "excess". Such circumstances may emerge because of elements that are outside the
control of the worker itself, for example, however not constrained to:
1. the business shutting down
2. expecting to cut costs
3. appearance of counterfeit innovation (AI)
or different advances that have made that activity superfluous. Much of the time, excess
isn't an impression of the representative's capacity to carry out their responsibility, rather
it is brought about by assistant elements (Brewster, 2017).
Q1 – a
The hypothesis to be tested is the influence of the value of the rights on the exercise of the action.
Dismissed employees whose rights are of low value are very little active before the courts. If the
3
number of redundant employees with this type of rights increases over time, the number of appeals
may decrease. Also, we question the role that increased job instability could play once reducing
the number of employees at Schwartz. Thus, the observation to which "there is a weakening of
protections for employees which owes nothing to the repeal of previous legal standards, but which
is the product of economic changes which the law does not come to accompany" could find
empirical verification. We can clearly observe an inverse relationship between the share of
redundant employees who have not been able to acquire two years of service and the rate of
recourse to proud men in the case of dismissal for personal reasons (Bratton & Gold, 2017).
Q1 – a
This position has long been defended by British employers as well as by the OECD and many
economists. It was already in response to this criticism that the administrative constraints weighing
on redundancy affirmed that this reform was likely to allow the creation of 367,000 jobs, a
prediction that never came true. The OECD considers that there is a correlation between the level
of job protection and unemployment: “Do job protection regulations have an impact on the
recruitment and dismissal policy of companies and is this i.
Similar to Castelluccio v. IBM, Judge's Order Granting Motion to Preclude (20)
George Papadopoulos, a foreign policy advisor to the 2016 Trump presidential campaign, pleaded guilty to making false statements to the FBI about his contacts with individuals connected to the Russian government. Specifically, Papadopoulos lied about the timing of these contacts, stating they occurred before he joined the campaign when in fact they occurred after. He also lied about the importance of the individuals, stating they were "nothing" when he believed they had substantial connections to Russian officials. Papadopoulos' lies to the FBI impeded their investigation into links between the Trump campaign and Russia's election interference efforts.
This document provides information about Workplace Investigations Group, which offers attorney investigators to conduct workplace investigations. It summarizes their benefits such as minimizing business disruption and eliminating conflicts of interest. The directory then profiles several attorney investigators and their experience in areas like Title IX investigations, workplace discrimination, and mediation. It concludes by discussing investigation training offered by Workplace Investigations Group.
Input of Workplace Investigations Group to EEOC advocating for additional example to be added to Best Practices section of the EEOC's Proposed Enforcement on Retaliation and Related Issues
The document summarizes a court decision resolving cross-motions to confirm or vacate an arbitration award imposing a 4-game suspension on Tom Brady. The court denied the motion to confirm and granted the motion to vacate the suspension. The court reviewed an investigation into deflated footballs used by the Patriots in a playoff game, which concluded it was likely Patriots personnel purposefully deflated balls and Brady was generally aware. However, the arbitration process was unfair to Brady due to the arbitrator's bias in favor of the NFL. Therefore, the court vacated Brady's suspension.
The document provides curriculum for weeks 2, 3, and 4 of a GSA meeting. It includes suggested activities, discussion topics, and resources for each week. Week 2 focuses on current events, LGBT identities, and terms. Week 3 covers check-in activities, terms, and creating posters about LGBT role models. Week 4 includes scenarios about coming out, videos on coming out, and resources for LGBT youth. The document aims to educate and support LGBT youth through GSA meetings.
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
Jury instructions in Ellen Pao v. Kleiner Perkins gender discrimination and retaliation case. Original available at court site: http://www.sfsuperiorcourt.org/sites/default/files/pdfs/PaoJuryInstructions.pdf
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against developing mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
Nationwide directory of attorneys who specialize in internal investigations of alleged workplace misconduct, such as harassment, discrimination, bribery, retaliation, fraud, etc.
Federal Judge's order of sanctions against Wal-Mart for its failure to preserve videotape in retaliation and discrimination lawsuit in Atlanta, Georgia.
The United States District Court for the Northern District of Georgia ordered that the case between Ibrahim Abdulahi and Wal-Mart Stores East, L.P. be dismissed without prejudice. The parties had reached a settlement in principle but the documentation was not yet complete. The case could be reopened within 60 days if the settlement was not finalized, otherwise it would be deemed dismissed with prejudice after 60 days.
Motion for Sanctions filed against Wal-Mart for failure to preserve videotape in discrimination and harassment lawsuit in federal court in Atlanta, Georgia
Tips for conducting investigations that employees and other stakeholders trusts. The leverage social media provides employees can be more problematic and immediate than a traditional administrative charge or even a lawsuit. A quick post can negatively impact employee morale, as well as damage recruitment and retention efforts.
The report investigates allegations of workplace misconduct and bullying against Jonathan Martin by his Miami Dolphins teammates. It finds that Richie Incognito, John Jerry, and Mike Pouncey engaged in a pattern of harassment targeting Martin and others. Martin was regularly taunted with sexually explicit and racist remarks which contributed to his decision to leave the team. While the harassment was improper, the report finds there was no intent to force Martin off the team or cause lasting harm. The report concludes some rules were unclear but harassment crossed lines and should not be excused as just locker room talk between friends.
Upjohn warnings are named after Upjohn v. United States, 449 U.S. 383 (1981), the case in which the Supreme Court made clear that the corporate attorney-client privilege applied to a much wider group of Constituents than the corporation’s “control group.” For more tips on preserving the privilege click here: http://winwinhr.com/workplace-investigations-tips-templates-for-preserving-the-privilege/
IBM opposed plaintiff's motion to preclude introduction of the internal investigation conducted by HR. IBM argued that the investigation was directly relevant to IBM's motive in deciding to terminate plaintiff and that the investigation report was admissible as a business record. IBM also argued that it needed the investigation report to defend itself against plaintiff's claim of "willfulness."
The EEOC filed suit against Bass Pro Outdoor World and Tracker Marine for violations of Title VII. The EEOC filed a motion for partial summary judgment, arguing that courts can review whether the EEOC attempted conciliation but not how it conducted conciliation. The court denied the EEOC's motion. The court held that under Fifth Circuit precedent, it can review the EEOC's conciliation efforts using a three-part test to evaluate whether the EEOC satisfied its statutory duty to conciliate in good faith. The court also found the EEOC's additional arguments against judicial review of conciliation efforts to be unpersuasive.
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi_compressed.pdfKhaled Al Awadi
Greetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USA
L'indice de performance des ports à conteneurs de l'année 2023SPATPortToamasina
Une évaluation comparable de la performance basée sur le temps d'escale des navires
L'objectif de l'ICPP est d'identifier les domaines d'amélioration qui peuvent en fin de compte bénéficier à toutes les parties concernées, des compagnies maritimes aux gouvernements nationaux en passant par les consommateurs. Il est conçu pour servir de point de référence aux principaux acteurs de l'économie mondiale, notamment les autorités et les opérateurs portuaires, les gouvernements nationaux, les organisations supranationales, les agences de développement, les divers intérêts maritimes et d'autres acteurs publics et privés du commerce, de la logistique et des services de la chaîne d'approvisionnement.
Le développement de l'ICPP repose sur le temps total passé par les porte-conteneurs dans les ports, de la manière expliquée dans les sections suivantes du rapport, et comme dans les itérations précédentes de l'ICPP. Cette quatrième itération utilise des données pour l'année civile complète 2023. Elle poursuit le changement introduit l'année dernière en n'incluant que les ports qui ont eu un minimum de 24 escales valides au cours de la période de 12 mois de l'étude. Le nombre de ports inclus dans l'ICPP 2023 est de 405.
Comme dans les éditions précédentes de l'ICPP, la production du classement fait appel à deux approches méthodologiques différentes : une approche administrative, ou technique, une méthodologie pragmatique reflétant les connaissances et le jugement des experts ; et une approche statistique, utilisant l'analyse factorielle (AF), ou plus précisément la factorisation matricielle. L'utilisation de ces deux approches vise à garantir que le classement des performances des ports à conteneurs reflète le plus fidèlement possible les performances réelles des ports, tout en étant statistiquement robuste.
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Castelluccio v. IBM, Judge's Order Granting Motion to Preclude
1. 1/13/14
CASTELLUCCIO v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Dist. Court, D. Connecticut 2013 - Google Scholar
JAMES CASTELLUCCIO, Plaintiff,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.
Civil No. 3:09CV1145(TPS).
United States District Court, D. Connecticut.
December 23, 2013.
Ruling on Plaintiff's Motion to Preclude Evidence
THOMAS P. SMITH, Magistrate Judge.
The plaintiff, James Castelluccio, alleges that the defendant, International Business Machines Corporations ("IBM"),
terminated his employment on the basis of age in violation of the Age Discrimination in Employment Act of 1967
("ADEA"), 29 U.S.C. §621, et seq., and the New York State Human Rights Law ("NYSHRL"), NY CLS Exec § 196(a). The
matter is set down for jury trial on January 13, 2014.
Now pending before the Court is the plaintiff's motion to preclude the introduction of evidence concerning the
investigation conducted by IBM in response to Mr. Castelluccio's claim of age discrimination. See Doc. #154. The
proposed evidence includes: the report of IBM's consulting human resources professional, Mr. Russell Mandel, which
summarizes the findings of his "open door" investigation into Mr. Castelluccio's report of discrimination (Doc. #156-3);;
hand written notes prepared by Mr. Mandel during interviews with IBM employees (Doc. #156-2);; and Mr. Mandel's
testimony regarding the findings of the open door investigation (Doc. #133, at 11) (collectively, the "open door
evidence"). For the reasons stated below, Mr. Castelluccio's motion to preclude the open door evidence (Doc. #154) is
GRANTED.
The facts and procedural history of this case are familiar to the parties, and the Court will not repeat them in depth. Mr.
Castelluccio began work at IBM in March 1968. (Doc. #108, at 1-2). In November 2007, when Mr. Castelluccio was 60
years old, he was informed by his superior, Ms. Joanne Collins-Smee, that he was being replaced as Delivery Project
Executive ("DPE") of IBM's Wellpoint account, effective, January 1, 2008. After being removed from this position, Mr.
Castelluccio was considered to be "on the bench," that is, he remained employed by IBM at full pay but without a work
assignment. (Id. at 4-5). During this period, Mr. Castelluccio engaged in a search to find a new position at IBM. On June
2, 2008, Ms. Collins-Smee met with Mr. Castelluccio to offer him a separation agreement and notified him that his
termination would be effective on June 30, 2008, unless he found a new position within the company. Ultimately, Mr.
Castelluccio was unable to secure another position, and his employment was terminated accordingly. He did not sign
the separation agreement. (Id. at 6).
On June 13, 2008, after being presented with the separation agreement from Ms. Collins-Smee, but before his
termination date, Mr. Castelluccio lodged a complaint of age discrimination with IBM. Thereafter, Mr. Mandel conducted
the open door investigation into Mr. Castelluccio's report of age discrimination. Mr. Mandel concluded that IBM had
treated Mr. Castelluccio fairly with regard to his termination, and informed Mr. Castelluccio of the findings of his
investigation on August 11, 2009. (Id. at 7).
Mr. Castelluccio now seeks to preclude admission of the open door evidence at trial on the basis that its probative value
is far outweighed by its prejudicial effect and that it will confuse the jury and delay the proceedings. IBM argues that the
open door evidence is relevant and critically important to allowing the jury to understand its motive at the time of Mr.
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2. 1/13/14
CASTELLUCCIO v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Dist. Court, D. Connecticut 2013 - Google Scholar
Castelluccio's termination, and that, in any event, it falls within the business records exception to the hearsay rule. IBM
states that it would not introduce the open door evidence for the purpose of proving the truth of its underlying facts, but to
show that it carefully investigated Mr. Castelluccio's complaint of age discrimination and that, based upon that
investigation, believed that his complaint was not true at the time.
The Federal Rules of Evidence ("F.R.E.") have long recognized the business records exception, Fed.R.Evid. 803(6)(b),
to the hearsay doctrine, which permits the admission of documents containing hearsay provided there is a foundation
sufficient to support its admission. Courts have also held, albeit in the context of adjudicating dispositive motions, that
human resource department investigations constitute business records under Rule 803(6). See, e.g., Brauninger v.
Motes, 260 F. App'x 634, 637 (5th Cir.2007) (investigation notes were based on investigators' personal knowledge and
were the result of a regularly conducted business activity that was an ordinary part of the investigators' duties as human
resources managers);; Mensez-Nouel v. Gucci Am., Inc., 10 CIV. 3388 PAE, 2012 WL 5451189 (S.D.N.Y. Nov. 8, 2012)
aff'd on other grounds, 12-4896-CV, 2013 WL 5584317 (2d Cir. Oct. 11, 2013) (investigation report is a business record);;
O'Brien v. International Business Machines, Inc., No.06-4864 (FLW), 2009 WL 806541 (D.N.J. Mar. 27, 2009) (IBM's
open door investigation is a business record). Moreover, even when an internal report does not meet the requirements
of a business record, the court retains discretion to allow its admission for a legitimate non-hearsay purpose. Vahos v.
Gen. Motors Corp., No. 06-cv-6783, 2008 WL 2439643, at *4 (E.D.N.Y. June 18, 2008) (holding that investigative report
was admissible at summary judgment stage for the "non-hearsay" purpose of proving that the decision-makers who
discharged plaintiff believed that he acted improperly).
Although the court might be able to conclude that open door evidence falls within the business records exception to the
hearsay rule, or admit it for the limited purpose of allowing IBM to establish its motive for Mr. Castelluccio's termination,
the court agrees with the plaintiff that the analysis should proceed yet further to determine whether the probative value of
the open door evidence exceeds its prejudicial effect. See Fed.R.Evid. 403;; see also, Paolitto v. John Brown E & C Inc.,
151 F.3d 60, 64 (2d Cir.1998) (stating "the fact that evidence is within an exception to the hearsay rule does not by itself
make it admissible per se," and, "[t]he district court generally has discretion to exclude hearsay on other grounds, such as
where the evidence's probative value is substantially outweighed by the danger of unfair prejudice").
The prejudicial effect of the open door evidence is obvious. Although the open door investigation purports to have
determined whether Mr. Castelluccio was treated fairly, it represents only the findings and conclusions of IBM, as
opposed to Mr. Castelluccio's account of the circumstances surrounding his termination. This was not an investigation
conducted by a neutral party;; rather, one conducted by Mr. Mandel, who selected whom to interview and what evidence
to consider. There was no hearing, no evidence offered, no sworn statements and no opportunity for Mr. Castelluccio to
respond to the criticisms leveled against him, let alone conduct direct or cross-examination of witnesses. Evidence that
would have been favorable to Mr. Castelluccio is absent from Mr. Mandel's report. It does not include Mr. Castelluccio's
annual performance reviews, or indicate that Mr. Mandel interviewed Mr. Castelluccio's previous manager or clients for
whom Mr. Castelluccio worked.
Moreover, the open door investigation focuses more on Mr. Castelluccio's job performance than his claim of age
discrimination. Much of the report concerns certain executives' estimation of Mr. Castelluccio's performance on two
difficult customer accounts, as opposed to whether he was terminated because of his age. (Doc. #156-3). Consequently,
the open door evidence, while purporting to make objective findings, not only offers an assessment of Mr. Castelluccio's
job performance complicated with the biases identified above, but also minimizes his complaints of age discrimination.
There is also reason to suspect that the purpose of the investigation was more to exonerate IBM than to determine if Mr.
Castelluccio was treated fairly. By Mr. Mandel's own admission, had Mr. Castelluccio signed the separation agreement
releasing IBM from all legal liability, he would have discontinued his investigation.[1] Had the purpose of the open door
investigation been truly to determine if an IBM employee was treated unfairly, the investigation would have been borne to
its natural conclusion irrespective of the specter of litigation.
The court cannot admit evidence that would so unduly prejudice the plaintiff. To the extent that IBM wishes to present
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CASTELLUCCIO v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Dist. Court, D. Connecticut 2013 - Google Scholar
evidence demonstrating its reasons for terminating Mr. Castelluccio's employment, it is free to introduce at trial the same
evidence considered by Mr. Mandel. For the reasons stated herein, Mr. Castelluccio's motion to preclude the open door
evidence is (Doc. #154) GRANTED. IT IS SO ORDERED.
[1] On June 30, 2008, Mr. Mandel stated in an email to Keith E. Holmes, Director of Human Resources-IT Delivery: "I told both [Mr.
Castelluccio and Ms. Collins-Smee] that [Mr. Castelluccio] goes today, though I'm still investigating. If he signs the release, he gets
the money, and I stop investigating, [i]f he does not sign the release, there are 2 paths: 1) I find in his favor and bring him back, or 2) I
do not find in his favor, and will give him 48 hours to sign the release. If he then signs, he gets the money. If he doesn't sign, he doesn't
get the money." (Doc. #157-2).
Save trees - read court opinions online on Google Scholar.
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