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The Basics of Discrimination and Retaliation: The Five Ws (and One H) of Workplace Discrimination Law
Fundamentally, to “discriminate” means to treat people, things, or ideas differently, or less favorably, for some reason. Society “discriminates” in that basic sense all the time, and this includes businesses when it comes to employees. Qualification, educational, and experience-based requirements differentiate desirable candidates eligible for a position from those disqualified. But the type of “discrimination” that the laws are concerned with is the unfair and unjustified differential treatment of people on the basis of actual or perceived characteristics. Workplace discrimination statutes define those protected classes.
An Overview Of The Arbitration Of Employee Disputes In Texas
Arbitration is here to stay. Driven by what parties perceive as deficiencies of the formal judicial system, including expense, protracted length, gamesmanship, belligerency and wastefulness, arbitration has grown exponentially in the last ten years. Because of its confidentiality, empirical statistics are difficult to come by. Nonetheless, the American Arbitration Association, probably the largest administrator in the world, notes a 46% increase in total case filings 2007 to 2012 — i.e., from 127,729 to 187,596 cases per year (including commercial, employment, labor, construction and nofault issues). The Financial Industry Regulatory Authority (“FINRA”), where arbitration is mandated in agreements with securities brokers, notes an average caseload of 6,822 case per year. See www.finra.org/ArbitrationandMediation/FINRADisput eResolution/AdditionalResources/Statistics/index.html. Courts and legislatures, both federal and state, continue to sanction this trend. Given the $200 to $300 billion annual cost of civil litigation, arbitration’s dramatic increase must be viewed as a seismic shift in the notions of justice in this America. Formal studies also confirm general public acceptance of the process. See, e.g., Business-to-Business Arbitration in the United States: Perceptions of Corporate Counsel, Rand Institute for Civil Justice (2011), www.rand.org/content/dam/rand/pubs/technical_report s/2011/RAND_TR781.pdf; Dispute-Wise Management: Improving Economic and Non-Economic Outcomes in Managing Business Conflicts American Arbitration Association (2003)
Equity Ownership, Fiduciary Duties and Exit Procedures: Some Things To Consider When Dealing With the Departing Employee
Even under the best circumstances, dealing with the departure of a key employee is never easy. If the departure was unexpected or is otherwise acrimonious, the situation can be even more difficult. This paper discusses a few elements to be considered when a valued employee is unexpectedly leaving a business and focuses specifically on equity ownership issues, possible fiduciary duty concerns, and procedures to follow in connection with the employee’s departure.