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Avoiding Unpleasant Encounters with Civil Rights Lawyers

Avoiding Unpleasant Encounters with Civil Rights Lawyers. Lewis Maltby President National Workrights Institute. GOAL. The goal is not to win the case, but to avoid being sued. Criminal Records. Consider only Records of Convictions

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Avoiding Unpleasant Encounters with Civil Rights Lawyers

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  1. Avoiding Unpleasant Encounterswith Civil Rights Lawyers Lewis Maltby President National Workrights Institute

  2. GOAL • The goal is not to win the case, but • to avoid being sued.

  3. Criminal Records • Consider only Records of • Convictions • Refuse to Hire only • When there is a connection • Between the Conviction and • the Job

  4. Nobody Wants People withDUI Convictions Driving SchoolBuses • Do You Really Care if • the Best Qualified Applicant for • an Accounting Position has a • DUI conviction?

  5. Electronic Monitoring • Monitoring E-Mail and Web • Access is Legal and Accepted • Suggestion- Establish Guidelines • for Monitoring and Procedures • to Confirm that IT employees • follow them.

  6. How to Get Sued • Place hidden audio recording • device in areas where most • conversations are personal. • Audio monitoring is covered by • Federal Wiretapping Law.

  7. The Other Way to Get Sued • Don’t Put a Video Camera in a • Locker Room or Bathroom- • Even if you Have Evidence of • Misconduct. • A Skilled Private Investigator can • Almost Always Find another way. It • Will Take Time and Money, but Less • Than a Lawsuit.

  8. ARBITRATION • Less Expensive Than Litigation • No Dispute About Legality- • Even as Condition of Employment • Suggestion- Consider Giving • Employees a Choice- Arbitration • Saves them Money too.

  9. HOW TO GET SUED • Design ADR System • that isn’t Completely Fair to • Employees.

  10. HOW NOT TO GET SUED • Use ABA Arbitration Rules • (the “Protocol”) • American Arbitration Association • Rules Have Been Revised to be • Completely Consistent with • the Protocol.

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