Category: Employment Law

Wed Sep 11, 2013

Posted in Corporate Litigation, Employment Law by Gene Killian | Share

I once heard a speaker describe an appearance before a hostile audience as saying he felt like “a fire hydrant at a dog convention.”  I sometimes think that description is apt for the...

Thu Aug 15, 2013

Posted in Employment Law, Negotiation by Gene Killian | Share

I remember once watching a college football game in which a running back absolutely flattened a linebacker who had come up to tackle him.  The announcer said, “See, just because...

Mon Jul 29, 2013

Posted in Employment Law by Gene Killian | Share

If a tree falls in the forest, and no one is around to hear it, does it make a sound?  The New Jersey Supreme Court recently considered this philosophical question in the context of a retaliation...

Fri Jun 28, 2013

Posted in Corporate Litigation, Employment Law by Gene Killian | Share

A wise person once wrote:  “Some family trees bear an enormous crop of nuts.”  As any lawyer who’s participated in litigation involving a closely-held family business (or,...

Mon Apr 22, 2013

Posted in Corporate Litigation, Employment Law by Gene Killian | Share

There’s been some talk in the press lately that Dennis Kozlowski, the convicted former CEO of Tyco International, may be granted parole very shortly.  Kozlowski, you may recall, was...

Wed Mar 6, 2013

Posted in Employment Law by Gene Killian | Share

Those who play in the employment law arena are well familiar with the concept of burden-shifting under cases such as McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1972).  Basically, employment...

Tue Feb 12, 2013

Posted in Employment Law by Gene Killian | Share

From the perspective of employment law, pregnancy is a minefield.  Pregnant employees often believe that they are entitled as a matter of law to certain preferences.  Employers, on the other...

Thu Dec 20, 2012

Posted in Employment Law by Gene Killian | Share

During this past fall’s campaign, President Obama famously said:   “If you’ve got a business – you didn’t build that.”  The Republicans (ultimately...

Mon Nov 26, 2012

Posted in Employment Law by Gene Killian | Share

Most managers think that the term “adverse employment action” refers only to the obvious , such as termination, salary reviews, and disciplinary matters.  Sometimes, though, a...