Comments for Drew Capuder's Employment Law Blog http://capuderfantasia.com/blog By Drew M. Capuder, Capuder Fantasia PLLC Thu, 15 Jul 2010 16:06:21 +0000 hourly 1 http://wordpress.org/?v=3.0 Comment on Analysis: The "No Blood No Foul" Rule. When is an Employer’s Conduct Severe Enough to Constitute Retaliation? by Drew Capuder’s Employment Law Blog » Blog Archive » Drew Capuder will be speaking on retaliation law on Oct 29-30, 2010 at Oglebay Park in Wheeling http://capuderfantasia.com/blog/2010/04/retaliation-no-blood-no-foul/comment-page-1/#comment-2210 Drew Capuder’s Employment Law Blog » Blog Archive » Drew Capuder will be speaking on retaliation law on Oct 29-30, 2010 at Oglebay Park in Wheeling Thu, 15 Jul 2010 16:06:21 +0000 http://capuderfantasia.com/blog/?p=479#comment-2210 [...] gaps” in the law for federal employees to include protection for retaliation claims, has lowered the threshold for what is actionable retaliation, and has broadened the definition of “opposition” which [...] [...] gaps” in the law for federal employees to include protection for retaliation claims, has lowered the threshold for what is actionable retaliation, and has broadened the definition of “opposition” which [...]

]]> Comment on Supreme Court "fills in the blank" to recognize retaliation claims for federal employees under ADEA; Gomez-Perez v. Potter, 2008 by Drew Capuder’s Employment Law Blog » Blog Archive » Drew Capuder will be speaking on retaliation law on Oct 29-30, 2010 at Oglebay Park in Wheeling http://capuderfantasia.com/blog/2008/05/supreme-court-fills-in-the-blank-to-recognize-retaliation-claims-for-federal-employ-under-adea-gomez-perez-v-potter-2008/comment-page-1/#comment-2208 Drew Capuder’s Employment Law Blog » Blog Archive » Drew Capuder will be speaking on retaliation law on Oct 29-30, 2010 at Oglebay Park in Wheeling Thu, 15 Jul 2010 12:47:15 +0000 http://capuderfantasia.com/blog/?p=253#comment-2208 [...] against retaliation. The US Supreme Court especially has focused on retaliation law, and has “plugged gaps” in the law for federal employees to include protection for retaliation claims, has lowered the threshold for what is actionable [...] [...] against retaliation. The US Supreme Court especially has focused on retaliation law, and has “plugged gaps” in the law for federal employees to include protection for retaliation claims, has lowered the threshold for what is actionable [...]

]]> Comment on US Supreme Court Makes it Easier to Prove Retaliation Claims, in Burlington Northern v. White, 2006 by Alice Thomson http://capuderfantasia.com/blog/2006/07/us-supreme-court-makes-it-easier-to-prove-retaliation-claims-in-burlington-northern-v-white-2006/comment-page-1/#comment-998 Alice Thomson Tue, 24 Nov 2009 08:45:18 +0000 http://capuderfantasia.com/blog/?p=76#comment-998 Unfortunately, the company had very bad timing. It chose that same moment to take the employee off the forklift and assign her to the regular duties of the track laborer job.For example, transfers in different positions, even though they do not include loss of wages or benefits or promotional opportunities, may constitute an illegal act, because, if the transfer is that a reasonable employee would see as a less attractive job , which can destroy the mind a reasonable employee from complaining of discrimination. Unfortunately, the company had very bad timing. It chose that same moment to take the employee off the forklift and assign her to the regular duties of the track laborer job.For example, transfers in different positions, even though they do not include loss of wages or benefits or promotional opportunities, may constitute an illegal act, because, if the transfer is that a reasonable employee would see as a less attractive job , which can destroy the mind a reasonable employee from complaining of discrimination.

]]> Comment on Fourth Circuit Vacancies; President Obama Will Have 4 of 15 Judicial Positions to Fill by ModernDrunkard http://capuderfantasia.com/blog/2009/02/fourth-circuit-vacancies-president-obama-will-have-4-of-15-judicial-positions-to-fill/comment-page-1/#comment-15 ModernDrunkard Mon, 18 May 2009 18:36:46 +0000 http://capuderfantasia.com/blog/2009/04/19/fourth-circuit-vacancies-president-obama-will-have-4-of-15-judicial-positions-to-fill/#comment-15 Traxler may have been appointed by Clinton, but he's from Greenville, SC. They think Lindsey Graham is a bed-wetting liberal up there. Traxler isn't to be confused with Souter or Ginsburg... Traxler may have been appointed by Clinton, but he’s from Greenville, SC. They think Lindsey Graham is a bed-wetting liberal up there. Traxler isn’t to be confused with Souter or Ginsburg…

]]> Comment on WV Supreme Court rules that employer’s policy and prompt action protected it against liability; Colgan Air v WV HRC; 10/25/07 by huntermetoyer http://capuderfantasia.com/blog/2007/11/wv-supreme-courts-decision-in-colgan-air-102507/comment-page-1/#comment-11 huntermetoyer Mon, 27 Apr 2009 17:47:13 +0000 http://capuderfantasia.com/blog/?p=14#comment-11 Very interesting issue. Thank you for the post. Very interesting issue. Thank you for the post.

]]> Comment on Arbitration Agreements in Union Contacts are Enforceable; US Supreme Court in Penn Plaza v. Pyett by michaeljayson http://capuderfantasia.com/blog/2009/04/arbitration-agreements-in-union-contacts-are-enforceable-us-supreme-court-in-penn-plaza-v-pyett/comment-page-1/#comment-10 michaeljayson Mon, 27 Apr 2009 17:38:40 +0000 http://capuderfantasia.com/blog/2009/04/20/arbitration-agreements-in-union-contacts-are-enforceable-us-supreme-court-in-penn-plaza-v-pyett/#comment-10 I am a CPA that specializes in economic damages and I find this site to be very useful. I look forward to future posts such as this one on arbitration. I am a CPA that specializes in economic damages and I find this site to be very useful. I look forward to future posts such as this one on arbitration.

]]> Comment on US Supreme Court broadens scope of permissible evidence for proving discrimination; Sprint/United Management v. Mendelsohn; 2/26/08 by Dana Moffa http://capuderfantasia.com/blog/2008/03/us-supreme-court-broadens-scope-of-permissible-evidence-for-proving-discrimination-sprintunited-management-v-mendelsohn-22608/comment-page-1/#comment-9 Dana Moffa Mon, 20 Apr 2009 22:35:52 +0000 http://capuderfantasia.com/blog/?p=18#comment-9 I am not a lawyer, but I don't understand how the defense could even begin to argue that age discrimination was not the issue because one company individual did not do all the terminations. Common sense would tell one that a company is generally structured in such a way that senior management, or a board of directors, is aware whom is being let go from employement and receives approval via HR before presenting the axe, so to speak. I am not a lawyer, but I don’t understand how the defense could even begin to argue that age discrimination was not the issue because one company individual did not do all the terminations. Common sense would tell one that a company is generally structured in such a way that senior management, or a board of directors, is aware whom is being let go from employement and receives approval via HR before presenting the axe, so to speak.

]]> Comment on US Supreme Court broadens scope of permissible evidence for proving discrimination; Sprint/United Management v. Mendelsohn; 2/26/08 by T. Nutter http://capuderfantasia.com/blog/2008/03/us-supreme-court-broadens-scope-of-permissible-evidence-for-proving-discrimination-sprintunited-management-v-mendelsohn-22608/comment-page-1/#comment-8 T. Nutter Mon, 20 Apr 2009 14:11:06 +0000 http://capuderfantasia.com/blog/?p=18#comment-8 Age discrimination? I admit....I'm not a lawyer, however, I DO have some experience in human behavior and I am very curious......How does someone "prove beyond a reasonable doubt" that they were not able to obtain (or perhaps maintain) a particular type of employment becuase they were too old? It seems to me that corporate America is wise to the laws in place to protect the employee and if they thought someone was too old to take on (or keep) they wouldn't just say that. Or would they? Experience in any position is under rated. For instance: If you go to the emergency room with with chest pain, do you want the nurse that grew old while caring for others with chest pain or do you want the new graduate nurse to see to your needs? If you find yourself in need of a public defender, do you want one that has been to the plate several times, or do you want to be the first for the newer ( probable younger) attorney the court could appoint you? These examples could go on with infinite scenerios. Why isn't experience considered an asset and even if you DON'T get the job because you are no longer wet behind the ears, how do you prove that? Age discrimination? I admit….I’m not a lawyer, however, I DO have some experience in human behavior and I am very curious……How does someone “prove beyond a reasonable doubt” that they were not able to obtain (or perhaps maintain) a particular type of employment becuase they were too old? It seems to me that corporate America is wise to the laws in place to protect the employee and if they thought someone was too old to take on (or keep) they wouldn’t just say that. Or would they? Experience in any position is under rated. For instance: If you go to the emergency room with with chest pain, do you want the nurse that grew old while caring for others with chest pain or do you want the new graduate nurse to see to your needs? If you find yourself in need of a public defender, do you want one that has been to the plate several times, or do you want to be the first for the newer ( probable younger) attorney the court could appoint you? These examples could go on with infinite scenerios. Why isn’t experience considered an asset and even if you DON’T get the job because you are no longer wet behind the ears, how do you prove that?

]]> Comment on West Virginia Legislature May Force Employers to Give Employees Access to Their Personnel Files by DrewCapuder http://capuderfantasia.com/blog/2009/03/west-virginia-legislature-may-force-employers-to-give-employees-access-to-their-personnel-files/comment-page-1/#comment-7 DrewCapuder Mon, 20 Apr 2009 02:34:17 +0000 http://capuderfantasia.com/blog/2009/04/19/west-virginia-legislature-may-force-employers-to-give-employees-access-to-their-personnel-files/#comment-7 Al: Thanks for your question. The answer is yes--we will be posting news items on important legislation both when it is introduced and when it is passed (if that is what happens). So we will post a separate article if and when the personnel records bill passes. Thanks again, Drew Capuder Al: Thanks for your question. The answer is yes–we will be posting news items on important legislation both when it is introduced and when it is passed (if that is what happens). So we will post a separate article if and when the personnel records bill passes.

Thanks again, Drew Capuder

]]> Comment on West Virginia Legislature May Force Employers to Give Employees Access to Their Personnel Files by Al Roberts http://capuderfantasia.com/blog/2009/03/west-virginia-legislature-may-force-employers-to-give-employees-access-to-their-personnel-files/comment-page-1/#comment-6 Al Roberts Sun, 19 Apr 2009 22:42:21 +0000 http://capuderfantasia.com/blog/2009/04/19/west-virginia-legislature-may-force-employers-to-give-employees-access-to-their-personnel-files/#comment-6 Will you be updating your news page on whether this legislation passes? Thanks for the information on your site. Will you be updating your news page on whether this legislation passes? Thanks for the information on your site.

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