Posts tagged as:

employment at will

Some heroes for our time

by Walter Olson on January 30, 2012

My new post at Cato at Liberty is on Italian labor law professors Pietro Ichino and Carlo Dell’Aringa, who live under police protection because of their support for liberalization of the job market; two other professors, Massimo D’Antona and Mario Biagi, have been killed by Red Brigades gunmen. More: Coyote.

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Why does Europe generate so few star high-tech firms? Bad labor law is one reason [Brian Palmer, Slate]

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Hey, that might work here too! It’s the subject of my new Cato Institute post, which also mentions today’s news of a big jump (to record levels) in federal employment discrimination cases, fueled by the 2008 ADA Amendments Act.

I’ve got some thoughts at Cato at Liberty on the overreaching way California’s Proposition 19 tried to curtail employers’ liberty in employment decisions related to pot smoking — which might have contributed to the measure’s defeat at the polls on Tuesday. Earlier here. Jacob Sullum points out that much of employers’ tendency to treat off-job marijuana use more harshly than off-job alcohol use is itself stimulated by government mandates and exhortation, prominently including drug testing programs (& welcome Instapundit readers). More: Nancy Berner, California Labor & Employment Law Blog (”Merely smelling marijuana on a worker’s clothes after lunch would not be sufficient to justify a write-up” had the measure passed.)

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Legal secretary Nancy Topolski acknowledges that she couldn’t handle the workload assigned to her by law firm Davis Wright Tremaine, and that she suffered panic attacks as a result that prevented her from doing the work. But, she says, this just means that the law firm violated discrimination laws when it fired her. (Karen Sloan, National Law Journal, Mar. 24).

“The nation’s industrial umpire has ruled that a long-term employee who was legitimately sacked for repeated safety breaches must be reinstated and paid compensation because of his poor education and poor job prospects.” [The Australian]

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“The Bush administration, as expected, announced new protections on Thursday for health care providers who oppose abortion and other medical procedures on religious or moral grounds.” (NYT via GruntDoc). I briefly criticized this bad idea in a post last week at Secular Right, and there are hopes that the incoming Obama administration will rescind it. P.S. Longer post now up over there.

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New at Point of Law

by Walter Olson on March 20, 2008

If you’re not keeping up with our sister site, you’re missing out on stories about how expert evidence standards help plaintiffs too (and more); animal rights more voguish at many law schools than those dull old humans; Ohio Supreme Court commended; implications of recent plunge in carpal tunnel cases; 93% enrollment in Vioxx settlement; attorney faces criminal charges after his clients quit their nursing jobs; extensive coverage of Gov. Spitzer’s downfall; more trouble for Florida lawyer accused of bribing defendant’s adjuster to obtain settlement target numbers; ballot measure would abolish employment at will in Colorado; judicial seminars by the securities class action bar; and much more.