If you have served a prison sentence for a felony, then you will probably have a difficult time securing a job in the future. Oftentimes employers will run background checks on employees. If they have the luxury to be picky, they will avoid people who have a criminal record in their past. There are certain… Read More
Employment Blog
Here you can find the most recent employment law news and commentary on cases around the country. If you need assistance with employment law, don't hesitate to call us.
What is a Qui Tam Claim?
The term qui tam originates from a Latin phrase that is translated “he who sues on behalf of the king and for himself.” Qui tam claims were first used in the 13th century, and are used today by a person who files suit against another individual or corporation for defrauding the United States Government. The… Read More
Negotiating Your Severance Pay
If you have recently been terminated from your job or workplace, you may have been offered severance pay by your former employer. While many people think severance pay is a reward for their hard work, it is more often offered because an employer is seeking to protect the firm from legal actions you may take… Read More
Oregon Passes Law to Ban Job Ads Discriminating Against Unemployed Applicants
The Oregon House voted this last week to make it illegal to post a job advertisement discrimination against unemployed jobseekers. The proponents of this legislation say that job ads that exclude unemployed applicants is discouraging people who are struggling to make ends meet and find work in this tough economy. If the legislation passes, employers… Read More
Welcome to our Portland Employment Law Blog
Our lawyers are pleased to announce the launch of our Portland Employment Law Blog.
Eighth Circuit Enforces “But For” Burden of Proof in ADEA Case
In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, the lower court had instructed the jury to enter a verdict for the plaintiff if he proved, by a preponderance of the evidence, that he was demoted and his age was a motivating factor in the demotion decision. The Eighth Circuit Court… Read More
FMLA Protection for Part-timers?
This week the Indiana Supreme Court held that an employee f illing multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify – even if service in either position alone does not qualify. Tom Powell taught math… Read More
Jurors’ Use of the Web Causing Problems at Trial
A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country. A mistrial was recently declared in a major criminal drug trial in federal district court in Florida, after the judge learned that nine of the jurors had used their handheld devices… Read More
Surge in Age Discrimination Claims
The federal Equal Employment Opportunity Commission (“EEOC”) is set to release information shortly that will reveal a sharp rise in the number of age-discrimination claims filed with the agency. According to the EEOC, the number of age-discrimination allegations made by employees has jumped 29%, from 19,103 complaints filed in 2007 to 24,600 in the… Read More
Supreme Court Affirms Primacy of ERISA Plan Documents
In a unanimous decision, the U.S. Supreme Court that an ERISA plan’s specific procedure for designating beneficiaries controls over other instruments that may conflict with it. In the case, Kennedy v. Plan Administrator for the DuPont Savings & Investment Plan, an employee designated his wife as the beneficiary for his pension plan and his… Read More