Case Questions Do you think the Court should require actual evidence of discrimination in disparate treatment cases rather than permitting an inference? What are the advantages? Disadvantages? Practically speaking, is an employer’s burden really met after the...
Case Questions Based on Guz, can the implied covenant of good faith and fair dealing apply to any conditions not actually stated in a contract? In other words, can the covenant apply to anything beyond that which is actually stated in an employment contract? If not,...
Case Questions Are you persuaded by the state’s evidence that it had an individual of a different national origin who was treated similarly to Herawi? If Ward (or other managers) treated everyone equally poorly, perhaps there is no national origin claim. What if...
Case Questions Is there a difference between the court’s protection of an employee who reports a rape by a coworker or the theft of a car and an employee who is constantly reporting the theft of the company’s paper clips and pens? Should the latter...
Case Questions What alternative fact pattern might change the court’s decision on whether Cangemi and Calianno breached their non-compete agreements? If Generations Salon did not have its proprietary Stanglware database, would this case be resolved differently?...
Case Questions Assume for discussion purposes that the company being evaluated in this letter is Uber and the question is whether its drivers are independent contractors or employees. Do you agree with the analysis by the Department of Labor that the drivers would not...