In This Issue… WORKERS’ COMPENSATON CLAIM IS EXCLUSIVE REMEDY FOR EMPLOYEE’S ASBESTOS INJURY THE USE OF ILLINOIS RULE 224 WHEN DOES SOCIAL MEDIA ACTIVITY TURN INTO STALKING? MASSACHUSETTS COURT SETS OUT REQUIREMENTS UNDER MASSACHUSETTS STATUTE TRIALS AND CASE DISPOSITIONS
Publications
McKenna Law Update & News – October 2015
In This Issue… STATUTE OF LIMITATION FOR WRONGFUL DEATH – DATE OF DISCOVERY OF INJURY OR DEATH LIABILITY OF SELF INSURED RENTAL CAR COMPANIES LIMITED TO SAME MINIMUM COVERAGE REQUIREMENT AS COMPANIES THAT PURCHASE INSURANCE RESORT OWNER NOT LIABLE TO PATRON WHO BROKE HIS NECK DIVING INTO A LAKE NEIMAN MARCUS DATA BREACH ACTION: CUSTOMERS […]
McKenna Employment Bulletin – October 2015
FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION FALSE TIMESHEETS PREVENT A TITLE VII CLAIM AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE […]
McKenna Employment Bulletin – August 2015
REQUEST FOR LIGHT DUTY MUST MATCH THE DOCTOR’S RESTRICTIONS U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CLASSIFYING WORKERS INFORMATION AVAILABLE TO THE PUBLIC IS NOT PROTECTED CONFIDENTIAL INFORMATION LACK OF KNOWLEDGE OF THE EMPLOYEE’S PRIOR COMPLAINT STOPS A RETALIATION CLAIM FAILURE TO SHOW INTENT STOPS A RACE DISCRIMINATION CLAIM
McKenna Employment Bulletin – July 2015
PUT THE LEVEL OF PERFORMANCE IN YOUR EMPLOYEE CONTRACTS TO PROTECT FROM BREACH OF CONTRACT ACTIONS A DOCTOR’S SHORT-TERM MEMORY LOSS COULD NOT BE ACCOMMODATED BY HIS EMPLOYER NO FACTUAL BASIS STOPS CHARGES OF RACE AND RETALIATION VIRGINIA PATIENT AWARDED VERDICT FOR TAPED DEFAMATORY AND OFFENSIVE STATEMENTS RIGHTS FOR SAME-SEX COUPLES TO MARRY SHORT TIME […]
McKenna Law Update & News – June 2015
In This Issue… WRONGFUL DEATH VIA SUICIDE CLAIM DISMISSED DEFAMATORY STATEMENTS ON THE INTERNET MAY NOT REMAIN ANONYMOUS AND MAY BE ACTIONABLE CALCULATION OF HEALTH CARE LIENS McKENNA NEWS
McKenna Employment Bulletin – June 2015
COURT REFUSES PRELIMINARY INJUNCTION TO UNIVERSITY EMPLOYER WHICH WOULD ALLOW NONCOMPLIANCE WITH THE “AFFORDABLE CARE ACT” YOU DO NOT HAVE TO COMPLAIN TO THE PERSON DESIGNATED BY THE EMPLOYER EMPLOYER’S FALSE CLAIM OF POOR JOB PERFORMANCE SUPPORTS A RETALIATION CHARGE THE SUPREME COURT HOLDS THAT COURTS HAVE AUTHORITY TO REVIEW THE EEOC’S DUTY TO CONCILIATE […]
McKenna Employment Bulletin – May 2015
SEVEN MONTH GAP AFTER FMLA LEAVE PREVENTS RETALIATION SECLUDING AN EMPLOYEE FROM THE WORKPLACE SUPPORTS A COMPENSATORY DAMAGE AWARD THE PERSON TERMINATING MUST KNOW THE BIAS OF THE PERSON RECOMMENDING THE TERMINATION IN ORDER FOR THE BIAS TO SUPPORT A CAUSE OF ACTION YOUR DISCRETIONARY BONUS PLAN MAY SUPPORT A BREACH OF CONTRACT CLAIM YOUR […]
McKenna Employment Bulletin – April 2015
SUPREME COURT DECLINES TO RULE ON BREASTFEEDING IN THE WORKPLACE FEMALE ALLEGED AGE AND SEX DISCRIMINATION WHERE EMPLOYER STATED HE WANTED TO REPLACE HER WITH A YOUNG MALE MCDONNELL DOUGLAS BURDEN-SHIFTING APPLIES IN A PREGNANCY DISCRIMINATION ACT CASE YOUR AFFIDAVITS IN SUPPORT OF A TERMINATION MUST BE FACT BASED THE GENERAL CONTRACTOR WAS NOT THE […]
McKenna Law Update & News – March 2015
In This Issue… CAPTIVE INSURANCE AGENT DOES HAVE A DUTY OF ORDINARY CARE WHEN PROCURING INSURANCE COVERAGE SIX FLAGS HAS NO LIABILITY FOR DEATH OF WORKER KILLED WHILE DISMANTLING A WATERSLIDE A BROAD EXCLUPATORY CLAUSE MAY NOT BE ENOUGH McKENNA NEWS