Category: Articles, Business & Commerce, Employment, Human Resources, Resources for Attorneys, Resources for Experts PART I: Why Workplace Bullying Is A Serious Problem By: Lawrence J. Fennelly CPOI, CSSM & Marianna Perry CPP, CPOI TASA ID: 10544 Workplace bullying is repeated inappropriate behavior, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.An isolated incident of the behavior described in this definition may be an affront to dignity at work but as a one off incident is not considered to be bullying. Read more
Category: Articles, Business & Commerce, Communications, Employment, Human Resources, Resources for Attorneys, Resources for Experts What Every Small Business Needs to Know About Avoiding Wrongful Termination Lawsuits TASA ID: 321 Small businesses are as vulnerable to wrongful termination lawsuits as much as large businesses. While I am not an attorney, as a small business owner who does a great deal of consulting work with HR departments, I think it’s imperative to know the risks and issues surrounding employee terminations. Wrongful terminations, also known as wrongful discharges or wrongful dismissals are legal terms that describe a situation where an employee was fired and the reason for the firing appears to be against the law. There are many causes for this but no matter the cause; it can be costly for a small business to be sued. Studies have shown that a company's legal costs in a wrongful termination lawsuit can run up to $85,000, and that winning plaintiffs receive judgments averaging $500,000. Read more
Category: Articles, Business & Commerce, Communications, Education, Employment, Resources for Attorneys, Working With Experts THE CASE WHEN THE TABLES WERE TURNED TASA ID: 408 When I was recommended by my own attorney to one of his colleagues, I found myself in an awkward situation. It was awkward because I didn’t want to return any obligations which may have jeopardized my relationship with my counsel and which may require that I ‘find’ I disagreed with my suggested role as a consultant. Regardless, I was introduced to the attorney who represented the husband in a pending divorce case. Study of the situation revealed that there was an abundance of money involved, and the ‘departing’ wife wanted a large share of it all. The husband wanted to mitigate his obligations. Read more
Category: Articles, Business & Commerce, Communications, Computer/Internet, Employment, Resources for Attorneys, Resources for Experts Defamation Defense: Is There a Third “Bite of the Apple” Available? TASA ID: 2156 In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both. The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement. Therefore, if the statement is true, there is no basis for defamation. Read more
Category: Articles, Business & Commerce, Employment, Financial/Economic, Resources for Attorneys, Safety “Joint Employer” Ruling Continues to Cause Disturbing Legal Consequences for Franchisors TASA ID: 11532 This article appears as an update to previous editorials expressing my viewpoints relative to escalating franchise litigation globally. Three years ago, the National Labor Relations Board overturned a long-standing rule: An employer of its own workers could not also be viewed as the “joint employer” of the workers of companies it relied upon to supply it or to perform other functions it would otherwise need to do itself. Read more
