Ex parte interview with a former employee: ethical guidelines
Article Abstract:
Attorneys and their representatives are subject to ethical limitations on their ability to interview employees and former employees of an employer that is the defendant in a wrongful termination suit. Rules 4.2 and 4.3 of the Model Rules of Professional Conduct restrict ex parte communications with parties that are represented. State law varies as to which employees or former employees are considered parties to the litigation. In some states, counsel cannot interview any employees, and, in other states, counsel cannot interview managers or employees involved in activities that spawned the litigation.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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Law firm partnership selection and Title VII
Article Abstract:
Ezold v Wolf, Block, Schorr and Solis-Cohen is the first time a woman has won a sex discrimination suit against a law firm over partnership denial. Ezold's burden of proof in this case was only to show that she fell somewhere in the range of those evaluated for promotion, not that she was the most qualified candidate. The Eastern District of Pennsylvania ruled that she should be given partnership and back pay. On appeal, the Third Circuit will have to decide if Wolf Block's actions constituted disparate treatment. Law firms should make sure they give equal opportunities to all associates.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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Recent court decisions expand role of arbitration in harassment and other Title VII cases
Article Abstract:
Recent court rulings have supported the use of arbitration for resolving various employee discrimination issues such as sexual harassment and race and age discrimination. The Americans with Disabilities Act and 1991 Civil Rights Act both encourage arbitration as an alternative resolution to applying to state human rights offices or the Equal Employment Opportunity Commission. Arbitration is usually faster, offers practical resolutions and allows for the venting of emotions and conflicting perceptions, leading to a permanent reduction in tensions.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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