Seminole Tribe of Florida v. Florida: can state employees still sue in federal court?

Article Abstract:

The US Supreme Court ruled in Seminole Tribe v. Florida that the Interstate Commerce Clause did not give legislative power to remove the states' 11th Amendment immunity to federal actions brought by private parties. The decision also limited an 11th Amendment exception allowing private lawsuits for injunctive relief against state officials. The case will likely affect federal jurisdiction in cases about employment laws enacted pursuant to the Interstate Commerce Clause or other Art. I, Section 8 clauses of the Constitution. The opinion's potential influence on federal actions against state employers under federal labor law is discussed.

Government liability, Federal-state controversies

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Veterans' employment rights: keeping in step with USERRA's legion of changes

Article Abstract:

The US Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted in 1994, will increase protections for veterans reentering civilian employment. The statute modifies the standards placed on employers and the qualification for veterans. Greater retraining responsibilities are placed on the Dept of Labor's Veterans' Employment and Training Service. Employment discrimination protections have been increased and the availability of some remedies has been expanded.

Employment, Veterans

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The unemployment-at-will doctrine

Article Abstract:

An unemployment-at-will doctrine exists for federal employees, which allows them to retain their jobs when there is no good reason to keep them. This doctrine developed from the 1912 Lloyd-LaFollette Act and the 1978 Civil Service Reform Act. This doctrine can be overcome by legislation which would resolve issues of conduct and standards of proof, enabling the dismissal of poor performers or those who engage in misconduct.

Analysis, Civil service reform

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