WRONGFUL DEATH AND SURVIVAL ACTIONS CAN BE BROUGHT FOR INTENTIONAL ACTIONS LEADING TO SUICIDE PLAINTIFF FAILED TO PLEAD PROPER COMPLAINT AGAINST CONDO ASSOCIATION FOR DOG BITE CLAIM DEFENDING DOG BITE CASES McKENNA NEWS WELCOME CONGRATULATIONS
Publications
McKenna Employment Bulletin – July 2014
PRIOR DECISION TO TERMINATE STOPS A RACE CLAIM REFUSING TO FOLLOW A WORK SCHEDULE PREVENTS A RACE CLAIM LACK OF COMPARATIVES PREVENTS A DISABILITY CLAIM EMPLOYER’S FALSE REASON FOR NOT HIRING AN AFRICAN AMERICAN SUPPORTS THE APPLICANT’S RACE CLAIM TWO RACIALLY DEROGATORY COMMENTS DID NOT CREATE A HOSTILE ENVIRONMENT EMPLOYER’S LACK OF KNOWLEDGE OF A […]
McKenna Employment Bulletin – June 2014
DOCTOR’S STATEMENT IS SUFFICIENT TO DEMONSTRATE DISABILITY EMPLOYMENT CONTRACT STOPS A RETALIATORY DISCHARGE CLAIM SEX HARRASMENT BY THE EMPLOYEE STOPS HIS NATIONAL ORIGIN AND RETALIATION CLAIM EMPLOYER’S USE OF THE SAME CREDIT CHECK AS THE EEOC STOPS AN EEOC COMPLAINT EEOC CHARGE DOES NOT TOLL THE STATUTE OF LIMITATIONS FOR A STATE COMMON LAW CLAIM
McKenna Employment Bulletin – May 2014
FAILURE TO FOLLOW WORK RULES FOR ALL EMPLOYEES ENDS IN AN ADEA CLAIM A FAILURE TO PROMOTE CLAIM FAILS WHILE A TERMINATION CLAIM REMAINS A WORK RELATED REASON FOR TERMINATION STOPS A RETALIATION CLAIM INABILITY TO SIT FOR LONG PERIODS MAY BE A DISABILITY YOUR ESSENTIAL JOB ELEMENTS ARE THE MEASURE FOR DISABILITY THE DECISION […]
McKenna Law Update & News – March 2014
In This Issue… ON OUR 60TH ANNIVERSARY…. FIRST DISTRICT HOLDS THAT EXTRAORDINARY EXPENSES FOR RAISING A CHILD AFFLICTED WITH A GENETIC DISEASE COULD BE RECOVERABLE IN A WRONGFUL PREGNANCY CASE TRIALS AND CASE DISPOSITIONS McKENNA NEWS
McKenna Employment Bulletin – April 2014
VOLUNTARY QUIT EQUALS NO ADVERSE ACTIONR LACK OF COMPARATIVES STOPS TITLE VII GENDER CLAIM DRUG TEST REQUIREMENT STOPS A RETALIATION CLAIM ADVERSE ACTION REQUIRES MORE THAN THE ISSUANCE OF A POOR EVALUATION AND SUBJECTIVE BELIEF YOUR PROMPT INVESTIGATION AND RESPONSE WILL PREVENT A HOSTILE ENVIRONMENT CLAIM YOU MUST HAVE FACTS TO SHOW EMPLOYMENT TESTS ARE […]
McKenna Employment Bulletin – March 2014
THE SUPERVISOR OF YOUR MANAGER MAY BE A COMPARATOR TO YOUR MANAGER CONFLICTS IN EVIDENCE KEEP AN AGE CLAIM ALIVE PHONY PROMISE OF JOB MAY PREVENT A FAILURE TO HIRE CLAIM TAKING CARE OF YOUR MOTHER IN LAS VEGAS MAY BE FMLA LEAVE INSUBORDINATE EMAILS STOP AN ADEA AND NATIONAL ORIGIN CLAIM TERMINATION AFTER NOTICE […]
McKenna Employment Bulletin – February 2014
EMPLOYERS IN ILLINOIS MAY SEEK AN ORDER OF PROTECTION FOR THEIR EMPLOYEE POTENTIAL LOSS OF 40-70% OF TIPS IS AN ADVERSE ACTION SUPPORTING A RETALIATION CLAIM A CONTRACT TO RETIRE STOPS AN AGE CLAIM/a> IF YOU SUSPEND AN EMPLOYEE PENDING TERMINATION THAT IS NOT A TERMINATION A VIOLATION OF YOUR WORK RULES MAY PREVENT AN […]
McKenna Law Update – December 2013
U.S. DISTRICT COURT APPLIES CONSTRUCTION STATUTE OF REPOSE TO DISMISS PLAINTIFF’S CLAIMS IN ASBESTOS CASE PLAINTIFF’S LAWSUIT DISMISSED FOR NOT NAMING DECEDENT’S ADMINISTRATOR IN ORIGINAL COMPLAINT REMINDER OF CHANGE IN LAW TRIAL RESULTS CONGRATULATIONS WELCOME
McKenna Employment Bulletin – January 2014
A STATEMENT DURING AN INVESTIGATION SUPPORTS A RETALIATION CLAIMN BLACK BALLOON ON DESK DOES NOT CREATE A HOSTILE ENVIRONMENT THE SUBJECTIVE EVALUATION FACTOR OF INTERPERSONAL SKILLS DEFEATS AN ADEA CLAIM ALLEGATIONS WITHOUT FACTS DO NOT SUPPORT A CAUSE OF ACTION SEX HARASSMENT MAY NOT SUPPORT CONSTRUCTIVE DISCHARGE