Washington DC Employment Law Attorney Blog and Posts

6 Legal Issues That Enable Serial Harassers

Posted on November 16, 2017 by Richard T. Seymour

Published by Law360 on November 16, 2017; posted with permission under license. 6 Legal Issues That Enable Serial Harassers By Richard Seymour Richard Seymour The questions raised in the public mind by the allegations against Bill Cosby, Roger Ailes, Bill O’Reilly, Harvey Weinstein and other powerful accused sexual and racial harassers are important: If the allegations are true, how did they manage to get away with it for so long? Why didn’t the victims complain earlier? Where were human resources and company compliance officers? Parts of the answers to these questions are clear, and the evidence of the enablers is not pretty. There is a common theme in many of the accounts given by harassment victims: fear. Fear of retaliation, fear of having a career destroyed, fear of being unemployable if the victim has a public record of having filed a harassment lawsuit, the fear of public humiliation as the…
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How Arbitrators Maintain Proportionality In Discovery

Posted on October 24, 2017 by Richard T. Seymour

2017-10-20 How Arbitrators Maintain Proportionality In Discovery by Richard T. Seymour – Law360 The topics addressed are: The Federal Courts Are Following in the Footsteps of Arbitrators, Part 1 The Federal Courts Are Following in the Footsteps of Arbitrators, Part 2 Responding to Parties Who Blow off Discovery Requests: Suggestions for Best Practices in Court and in Arbitration Federal Courts Should Follow the Further Lead of Arbitrators as to Summary Judgments

One Defendant Compels Arbitration, Others “Wait and See”

Posted on August 29, 2015 by Richard T. Seymour

When a plaintiff sues a company or agency and its officials, and only the company or agency compels arbitration, does the arbitration-losing plaintiff get a “second bite at the apple” in the lawsuit, against the officials? Or do the officials get a low-risk chance to get out of the lawsuit without ever getting to the merits? And what happens if plaintiff wins the arbitration? Read the blog post for the answers. Continue reading

Do You Have a “For Cause” Employment Contract?

Posted on July 13, 2015 by Richard T. Seymour

Employees usually have the most rights under an employment contract that either says the employee will be employed for a specific period of time, or says the employer is restricting its ability to fire the employee to specific circumstances, such as “for cause,” with a definition of the term. Employers trying to recruit high-level managers, or persons with hard-to-find skills, find “for cause” agreements a powerful tool in persuading the desired prospects to leave what they were doing and sign up with the employer.

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What Does It Mean to Be an “At Will” Employee?

Posted on July 8, 2015 by Richard T. Seymour

“At will” is a legal phrase that means the employer has the right to fire an employee at any time, for any reason, including a senseless, mean, spiteful, or arbitrary reason, as long as the reason is not unlawful. An “at will” employment can be ended at the will of either the employer or the employee. An employment contract that has no definite duration, and that has no limitation on the employer’s ability to fire the employee, is normally “at will.” Continue reading

Common-Sense Suggestions to the EEOC

Posted on June 20, 2015 by Richard T. Seymour

The EEOC has extremely important tasks in receiving and handling charges of employment discrimination, harassment, or retaliation, but is following self-defeating procedures and failing to solve longstanding problems. Some common-sense changes would work far better for the Commission, the charging parties, and employers, and would make the Commission’s limited resources more productive. Here are my ideas. Continue reading