Employment Practices Counsel Inc
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 EPC News . Your Workplace Training Center 
July 2004 
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Greetings!

This a monthly newsletter for employment law and human resource professionals. This newsletter is designed to keep you abreast of recent employment practices news. If you enjoy this newsletter, please pass it on to your colleauges!!!!

In This Issue
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  • Who Is EPC?
  • NLRB Reverses Stance on Non-Union Weingarten Rights
  • Employers' Affirmative Defense to Constructive Discharge Claims
  • Use of External Investigator Helps Ward off Damages
  • About this Newsletter

  • NLRB Reverses Stance on Non-Union Weingarten Rights
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    In a surprising reversal of its policy of extending Weingarten rights to non-union employees, the National Labor Relations Board (NLRB) recently held in its IBM Corp. decision that non-union employees are no longer entitled to have a co-worker attend an investigatory interview that they reasonably believe will lead to discipline.

    Read more... »

    Employers' Affirmative Defense to Constructive Discharge Claims
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    Employees who say they were forced to quit because their supervisors created an intolerable hostile work environment may sometimes recover damages despite failing to take advantage of a company complaint procedure, according to a recent U.S. Supreme Court decision, Suders v. Pennsylvania State Police. Employers continue to be strictly liable if an adverse employment action, such as a demotion or extreme cut in pay precipitates the constructive discharge, but in instances where the claim is that a hostile work environment lead to the constructive discharge employers can assert an affirmative defense that it had adequate measures in place to address the offensive behavior and the employee failed to avail him or herself of those measures.

    Read More... »

    Use of External Investigator Helps Ward off Damages
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    When claims of harassment or discrimination are made by employees, companies often have a choice to make: Who is the most appropriate person to investigate?

    Read More... »

    About this Newsletter
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    Employment Practices Notes is sent to clients and friends of Employment Practices Counsel, Inc. If you have received this issue by mistake and would not like to receive additional issues, please reply to the e-mail and request that you be removed from our mailing list.

    If you have any questions concerning issues raised in the Newsletter or would like to discuss how Employment Practices Counsel, Inc. can assist your organization in minimizing its employment practices liability, please contact us.

    DISCLAIMER: The services offered by Employment Practices Counsel, Inc should not be construed as legal advice. No attorney-client relationship is created nor should one be inferred, by or from the services Employment Practices Counsel, Inc. offers or recommends. You are strongly urged to consult with competent legal counsel regarding employment related matters and issues affecting your business or personnel practices. EPC strives to ensure the accuracy of the content of this site, however, EPC makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it.

    PRIVACY POLICY: Employment Practices Counsel, Inc. operates with a strict internet privacy policy to ensure confidentiality of all information sent to us. All information gathered via the internet is used exclusively for Employment Practices Counsel, Inc. staffing and contract assignments and is never shared with, exchanged with or sold to other businesses, organizations or individuals.

    Who Is EPC?


    Employment Practices Counsel, Inc. is an employment law and human resources consulting firm specializing in helping companies create environments that achieve their desired business results.

    We provide Risk Management services by way of our Educational Seminars.

    We can help you establish Affirmative Defenses to claims of harassment and discrimination.

    We offer Convenience by offering total training and support services. We are with you from beginning to end.

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         email: info@epcounsel.com
         voice: 866-567-8098
         web: http://www.epcounsel.com

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    Employment Practices Counsel, Inc · P.O. Box 25008 · Charlotte · NC · 28229