Grade Policy

As I discussed in class, I do not disclose or discuss grades via email.  Should you have any question concerning your grade(s), please send me a message after the start of the Spring semester and we will meet to discuss your grade or any other concerns you may have.  Please understand I do not change any grade unless I have made a calculation error.  Have a Happy Holiday!  Rick Custin

Smaller File Sized Video

Here is a lower quality but much smaller file size that you can download more quickly.

http://dl.dropbox.com/u/31313051/Chapter%209.mov

Friday Class Video Recording

Hey everyone,

Sorry for the wait.  Here is the video recording of Friday's class: http://dl.dropbox.com/u/31313051/Chapter9.zip

See you tomorrow,

Kevin

Friday Class about Chapter 9

Hey everyone,

I recorded the class so that people could watch/listen to see what they missed.  The video weighs in at 1.97 GBs which has made it difficult for me to upload it easily.  It has taken forever (~8 hrs) with my internet connection and then it gave me an error when it finally finished.  I am leaving town tomorrow morning so I don't really have time to try and fix it.

So what I've done is made an audio version of the class.  It is only about 120 mb.  So that will be a lot easier for people to download and manage.

Here is the link for it:

http://dl.dropbox.com/u/98782181/Chapter%209.m4a


Have a nice weekend,

Kevin

See also Section 1542 of the California Civil Code

Parties often enter into a release at the end of a dispute or lawsuit.    California Civil Code section 1542 reads:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Sample waiver under ADEA - OWBPA- Chapter 9

Sample Waiver and General Release: Group Layoffs of Employees Age 40 and Over

The following example illustrates one way in which the required OWBPA information could be presented to employees as part of a waiver agreement and is not intended to suggest that employers must follow this format. Rather, each waiver agreement should be individualized based on an employer’s particular organizational structure and the average comprehension and education of the employees in the decisional unit subject to termination. For another example of how the required information might be presented, see 29 C.F.R. § 1625.22(f)(vii).
Although this sample addresses only OWBPA issues, most severance agreements also ask employees to waive all claims against the employer, including claims arising under any federal, state, and local laws. See paragraph 6 below.

Dear [Employee]:
This letter will constitute the agreement between you and [your employer](“the Company”) on the terms of your separation from the Company (hereinafter the “Agreement”). The Agreement will be effective on the date specified in paragraph 7, below.

1. Your employment will terminate on _______X_____ date.
or
You have agreed to resign on _______X_______ date. Your last day of work will be _______X_______ date.

2. In consideration of your acceptance of this Agreement, the Company will pay you an extra ______ [week’s][month’s] salary at your current rate of $_______ per [week][month], less customary payroll deductions, to be paid within five (5) business days after the effective date of this Agreement as defined in paragraph 7 below. This severance pay will be in addition to your earned salary and accrued vacation pay or leave to which you are entitled.
***
[Paragraphs 3, 4, and 5 may address benefits, unemployment compensation, references, return of property, confidentiality, etc.]

6. Except as to claims that cannot be released under applicable law, you waive and release any and all claims you have or might have against the Company. . . .These claims include, but are not limited to claims for discrimination arising under federal, state, and local statutory or common law, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information and Discrimination Act, and [state law].
***
7. The following information is required by OWBPA: You acknowledge that on __________________, you were given 45 days to consider and accept the terms of this Agreement and that you were advised to consult with an attorney about the Agreement before signing it. To accept the Agreement, please date and sign this letter and return it to me. Once you do so, you will still have seven (7) additional days from the date you sign to revoke your acceptance (“revocation period”). If you decide to revoke this Agreement after signing and returning it, you must give me a written statement of revocation or send it to me by fax, electronic mail, or registered mail. If you do not revoke during the seven-day revocation period, this Agreement will take effect on the eighth (8th) day after the date you the sign the Agreement.
   The class, unit, or group of individuals covered by the program includes all employees in the _____ [plant, location, area, etc.] whose employment is being terminated in the reduction in force during the following period :_______________). All employees in ___[plant, location, area, etc.] whose employment is being terminated are eligible for the program.
   The following is a listing of the ages and job titles of employees who were and were not selected for layoff [or termination] and offered consideration for signing the waiver. Except for those employees selected for layoff [or termination], no other employee is eligible or offered consideration in exchange for signing the waiver:
   

   Job Title	Age	# Selected	# Not Selected
   (1) Bookkeepers	25	2	4
   	28	1	7
   	45	6	2
   (2) Accountants	63	1	0
   	24	3	5
   (3) Retail Sales Clerks	29	1	7
   	40	2	1
   (4) Wholesale Clerks	33	0	3
   	51	2	1

Sincerely,
__________________________________
On Behalf [the Company]
By signing this letter, I acknowledge that I have had the opportunity to consult with an attorney of my choice; that I have carefully reviewed and considered this Agreement; that I understand the terms of the Agreement; and that I voluntarily agree to them.

________________ Date:

______________________________________________ [Employee]

   

Group 2: Chapter 7 Question 6 by Devyn Greenberg

Court Decision:

Anderson was a female attorney working at a law firm starting in 2001. She accepted the job based on the fact that was going to be promoted to partnership within 5 to 6 years and was told it was just a “matter of course” as long as she received good reviews, which she did. In 2007 and again in 2008 Anderson was rejected her partnership and terminate. The firm with more than 50 partners never has had a female partner, so Anderson proceeded to file a complaint alleging gender discrimination.

The court stated that Title VII does not include going from employee to partner. It is strictly between employee and employer relationship. It does not involve being promoted to employer. The courts now are very reluctant to take on cases involving partnership in law firms.

Questions to Consider:
Does Title VII apply to such a partnership selection decision?
Does Anderson’s complaint state a claim under Title VII?

Group Decision:

We believe that Title VII does not cover Anderson based on the fact that being a partner would involve ownership of the company and there are no laws that cover people from discriminating against ownership. Basically, if I owned a company, there is no law stating that I would have to give someone else ownership of my company based on anything, especially not gender, color, or origin.