Employment Litigation

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Employment Litigation provides exhaustive procedural guidance on the field of employment law including litigation & settlement. This book is a trove of proven strategies and sample documents.

Employment Litigation provides exhaustive procedural guidance on the booming field of employment law. Whether you represent employers or employees, this book will help you save time, avoid unpleasant surprises, and gain the upper hand at every stage of your case. Coverage includes a step-by-step examination of agency and court proceedings on both the federal and state levels. In addition, class actions, appeals and arbitrations receive special coverage. Filled with helpful insights, Employment Litigation also provides sample documents for every situation—complaints, responses, motions, discovery requests, jury instructions, appeals, settlement agreements and more.

You'll find advice on everything from the affirmative defenses that work best to which discovery methods are most likely to bear fruit. Throughout, there is practical analysis of the special characteristics and pitfalls of employment law statutes and case law that will save you time and prevent needless headaches. Even for veteran employment litigators, this book is a treasure trove of proven strategies and illustrative documents.

Book #00669; looseleaf, one volume, 1,242 pages; published in 2002, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-108-8

Additional Information
SKU 669ONL
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-108-8
Page Count 1242
Edition 0
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Mary A. Gambardella
Mary A. Gambardella is a partner of the law firm of Wiggin and Dana LLP and a litigator in its Labor, Benefits and Employment Group. Ms.Gambardella is a seasoned litigator with extensive experience in a number of substantive areas. Ms. Gambardella counsels and represents clients in a broad range of industries, including pharmaceutical, entertainment, marketing and market research, sales and insurance. She litigates: All aspects of labor and employment law, including discrimination, sexual harassment, wrongful discharge, wage/hour, and a variety of related contract claims Legal malpractice cases, as a member of the legal panel for a major carrier and its subsidiaries Complex commercial and general contract law matters Ms. Gambardella also advises management with respect to employee handbooks and policies, severance packages, reductions in force, sensitive employee terminations, management and human resource personnel training, and internal investigations.

Ms. Gambardella represents corporate clients before both state and federal courts and administrative agencies, as well as at arbitrations and mediations. In addition to her formal bar and court admissions, she has been admitted pro hac vice in federal courts in a number of states, including Indiana, Minnesota, Texas, and Virginia.Ms. Gambardella has been co-instructor for Federal Publications biannual Employment Law Seminars. A frequent lecturer on employment law topics, Ms. Gambardella has also served on the faculty for Sterling Education Services, Inc., and she has most recently participated in a presentation entitled Connecticut Wage & Hour Laws and FLSA Update.

CHAPTER 1
The Administrative Stage: The Agency Complaint and Response

§1.01 Requirement to File with an Administrative Agency
§1.02 The Agency Complaint
[1] Sample Sexual Harassment Complaint
[2] Sample Transgender and Race Discrimination Complaint
[3] Sample Race Discrimination Complaint-State Agency Complaint
[4] Sample Sarbanes-Oxley Act Whistleblower Retaliation Complaint to the Department of Labor
§1.03 The Response/Statement of Position
[1] Sample Response to Sexual Harassment Complaint
[2] Sample Response to Transgender and Race Discrimination Complaint
§1.04 The Investigation Process
§1.05 National Labor Relations Board Petitions or Proceedings
[1] Post-Hearing Brief
[2] Appeals

CHAPTER 2
The Federal Court Complaint

§2.01 General Commentary Regarding the Federal Complaint
§2.02 Sample Federal Court Complaints and Pleadings
[1] Age Discrimination Complaint
[2] Gender Discrimination Complaints
[3] Sexual Harassment Complaints
[4] Race Discrimination Complaint
[5] Religious Discrimination Complaints
[6] Discrimination and Retaliation Complaints
[7] Disparate Impact Complaint
[8] Reverse Discrimination Complaint
[9] Discrimination Complaint Indicating Ministerial Exception Not Applicable
[10] Contract Based Complaint
[11] Americans with Disabilities Act Complaints
[12] Causes of Action Based on Statutory Failure to Pay Wages
[13] Causes of Action Based on Violation of Family and Medical Leave Act
[14] “Caregiver” Complaints
[15] Genetic Information Nondiscrimination Act Complaint
[16] False Claims Act Complaint
[17] Complaints Under Anti-Retaliation Provision of Dodd-Frank Act
[18] Action by Employer for Declaratory Judgment Regarding Employment Contract
[19] Action by Employer to Protect Trade Secrets
§2.03 Amending the Complaint
§2.04 Conclusion

CHAPTER 3
The State Court Complaint

§3.01 Introduction
§3.02 Removal to Federal Court
§3.03 Motion to Remand
§3.04 Sample Complaints with Breach of Contract

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