Download or read book Employee Dismissal Law and Practice 7th Edition written by Perritt and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price

Download or read book Report of Decisions of the Industrial Accident Commission of the State of California for the Year written by California. Industrial Accident Commission and published by . This book was released on 1922 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1942 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Medical Fee Schedule written by and published by . This book was released on 1995 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New Mexico Employment Law Desk Reference Second Edition written by Rodey Law Firm Labor and Employment Group and published by Xlibris Corporation. This book was released on 2013-07-29 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for New Mexico employers, the second edition of the New Mexico Employment Law Desk Reference is a valuable tool for anyone wanting to know about New Mexicospecific employment laws. It covers everything from worker classification to at-will employment, from employment contracts to employment-law torts. Learn about the New Mexico Human Rights Act, New Mexico Wage and Hour, and child labor laws. Find information on workers compensation, unemployment compensation, and the New Mexico Occupational Health and Safety Act. Read about laws that may exist in other states but not in New Mexico; for example, in most situations, New Mexico law does not require mandatory meal or break periods. Review sections on drug and alcohol testing, medical insurance, employee records, personnel files, and garnishment of wages.

Download or read book New Mexico Digest 1852 to Date written by and published by . This book was released on 1948 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alcoholic Beverage Code written by Texas and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New Mexico Digest written by and published by . This book was released on 1948 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Violence at Work written by Duncan Chappell and published by International Labour Organization. This book was released on 2006 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence at work, ranging from bullying and mobbing, to threats by psychologically unstable co-workers, sexual harassment and homicide, is increasing worldwide and has reached epidemic levels in some countries. This updated and revised edition looks at the full range of aggressive acts, offers new information on their occurrence and identifies occupations and situations at particular risk. It is organised in three sections: understanding violence at work; responding to violence at work; future action.

Download or read book Monthly Labor Review written by and published by . This book was released on 2006 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.

Download or read book United States Congressional Serial Set Serial No 14993 House Reports Nos 346 359 written by and published by Government Printing Office. This book was released on with total page 1134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Serial Set contains the House and Senate Documents and the House and Senate Reports. This volume includes House Reports from 109th Congress, 1st Session, 2005.

Download or read book Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30 2006 and for Other Purposes written by United States. Congress and published by . This book was released on 2005 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: House Report 109-359. To Accompany the bill H.R. 2863, which was not yet enacted into law when this conference report was ordered to be printed on December 18, 2005. This conference report is part of the legislative history of the proposed Department of Defense Appropriations Act, 2006.

Download or read book Making appropriations for the Department of Defense for the fiscal year ending September 30 2006 and for other purposes conference report to accompany H R 2863 written by United States. Congress and published by DIANE Publishing. This book was released on 2005 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statistical Abstract of the United States 2009 Hardcover written by and published by Government Printing Office. This book was released on 2008-12-18 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 128th edition of the Statistical Abstract continues a proud tradition of presenting a comprehensive and useful portrait of the social, political, and economic organization of the United States. The 2009 edition provides: More than 1,300 tables and graphs that cover a variety of topics such as religious composition of the U.S. population, assisted reproductive technology, military retirement, homeowner and rental vacancy rates, aquaculture products and sales, typical daily Internet activities, and expenditures for wildlife-related recreation. Expanded guide to other sources of statistical information both in print and on the Web. Listing of metropolitan and micropolitan areas and their population numbers. Book jacket.

Download or read book Report of Cases Determined in the Supreme Court and Court of Appeals of the State of New Mexico written by New Mexico. Supreme Court and published by . This book was released on 2010 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book NAFTA and NAALC written by Lance Compa and published by Kluwer Law International B.V.. This book was released on 2019-10-23 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 25th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations is a comprehensive and up-to-date 270-page resource that contains essential background on the structure and operation of labour provisions in North American free trade agreements, including NAFTA, USMCA, CAFTA-DR, TPP, CPTPP, TTIP, CETA, EU-Mexico, and Canadian and US bilateral free trade agreements with partners in Latin America and around the world. It also contains a complete digest of all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada, and the Washington Apple and DeCoster Egg cases in the United States – not to mention recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US. In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty-Five Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 25 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition, which was dual filed under both mechanisms, and dual petitions filed under NAALC and the OECD Guidelines about working conditions at Chedraui grocery stores in Southern California and Northern Mexico. Highlights in 25th anniversary edition include: the first reports issued under labour provisions of Canadian and US FTAs with Colombia; the latest developments in pending cases filed under CAFTA-DR and the US-Peru FTA, including the 2017 decision by the first ever Arbitral Panel established under the labour provision of CAFTA-DR in the Guatemala labour case; addition of the 2006 labour petition filed under the US-Jordan FTA; new sections comparing labour provisions in multi-lateral FTAs such as TPP, CPTPP, CETA, and the proposed TTIP; NAALC petitions filed with the Government of Mexico about sexism in recruitment for temporary agricultural labour programs in Canada and the United States; and a new chapter comparing the NAALC to labour provisions in the signed, but not-yet-ratified USMCA.