Due Process

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    Good documentation is important for many reasons. One of the most important is that when supervisors and managers generate even as much as handwritten notes, they're creating potential litigation exhibits that could have significant consequences down the road. Frankly, good documentation can mean the difference between winning and losing an...

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    Although the Kansas Legislature didn't pass any legislation that will significantly affect private employers in Kansas this year, lawmakers did pass two laws that will have an impact on employers and employees in the public sector. Read on to learn about new laws that eliminate due process for public schoolteachers and restrict municipalities'...
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    Many baseball fans here in California may have been celebrating an arbitrator's recent decision to uphold the suspension of New York Yankees slugger Alex Rodriguez, although the suspension was reduced slightly. At its heart, the A-Rod fiasco boils down to a dispute between an employer — Major League Baseball (MLB) — and one of its...
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    Many Red Sox fans here in Maine may have been celebrating an arbitrator's recent decision to uphold the suspension of New York Yankees slugger Alex Rodriguez, although the suspension was reduced slightly. At its heart, the A-Rod fiasco boils down to a dispute between an employer — Major League Baseball (MLB) — and one of its...
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    The teacher retirement system has more than 61,000 active members, including 40,000 retirees. The retirement plan has been struggling with issues attributable in large measure to investment losses and a growing number of retirees. Similar issues are being faced by the state's other retirement system, the Public Employees Retirement Association,...
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    Corporations have the right to due process of the law before they are deprived of their property. An employer challenged an order from the U.S. Department of Education (DOE) that it had to reinstate an employee who claimed to be a whistleblower. The U.S. 8th Circuit Court of Appeals (whose rulings apply to South Dakota employers) found the company...
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    The Hawaii Supreme Court's decision in Minton v. Quintal, issued on December 13, 2013, explains when employees can claim their employer or a third party improperly interfered with their right to work. The court's ruling also highlights the due-process obligations a government entity must follow when an employment decision may have a significant...
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    A former dean at the University of Iowa was terminated for mishandling a sexual assault investigation. Read on to see how the university protected itself against his discrimination claims. Iowa investigates investigation The facts of this case arise from a terrible 2007 sexual assault perpetrated by two members of the Iowa football team...
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    On July 1, the U.S. District Court for the District of Idaho issued a decision that will have implications for Idaho employers that are required to follow the Americans with Disabilities Act (ADA). The case provides several tips for employers on how to accommodate disabled employees. Background In January 2010, Marcie Taysom began training...
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    A California court of appeal recently held that the city of Pomona must reconsider its decision to terminate a police officer for misconduct because its disciplinary proceedings lacked the appearance of fairness and impartiality. Using two partners from the same law firm to fill both advocate and adviser roles in the proceedings created an...
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