Aspen Publishers
Shopping Cart View Cart [0 items] / Checkout Log In
View other products in Labor & Employment Law, HR|Print this page

Public Employee Discharge and Discipline, Third Edition by Isidore Silver, Esq.

Successfully Handle Public Employment Cases!
Public Employee Discharge and Discipline, Third Edition
by Isidore Silver, Esq.
List Price: $695.00  
Eligible for Free Standard Shipping on U.S. Prepaid Orders
Imprint: Aspen Publishers
ISBN: 9780735521179
Hardcover: 1,730 pages
Publication Cycle: Updated annually
Last Updated: 7/26/2012
Available: Item ships in 3-5 Business Days

Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job.

Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees.

The Third Edition offers thorough analysis and in-depth discussion of such essential topics as:

  • First Amendment and whistleblowing
  • Public sector collective bargaining and arbitration
  • Due process in discipline and discharge
  • Administrative and judicial review
  • Title VII, ADA, FMLA, and other discrimination laws
  • Sexual harassment under 1983, Title IX, and Title VII
  • Drug testing
  • Invasion of privacy
  • Applicability of common law tort and contract principles of wrongful discharge
  • Summaries of federal and state cases

Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases!

Public Employee Discharge and Discipline has been updated with the latest developments, including:

  • Latest developments in the movement to limit or abrogate public employment collective bargaining
  • Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was "the sole" and "but for" cause of discharge under the ADEA, 29 U.S.C. § 623(a)
  • Adoption of Gross "Sole Motive" Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell
  • Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancée for an employee's Title VII claim was actionable
  • Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be "a motivating factor" for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation
  • Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that "me too" evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' "stray remarks" were relevant to an age discrimination claim
  • Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer "fully applies in the collective bargaining context"
  • City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a "reasonable" search under the Fourth Amendment
  • In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. § 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. § 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection
  • Continuing application of Garcetti v. Ceballos to First Amendment retaliation claims including Evans-Marshall v. Board of Education, a Sixth Circuit ruling that Garcetti applied to choice of curriculum since a school board had "hired" speech and was entitled to determine the curriculum. "A Teacher's Curricular and Pedagogical Choices are Categorically Unprotected, whether under Connick or Garcettti"
  • Blount v. Stroud, an Illinois retaliatory discharge decision upholding extensive punitive damages under state law where fraud, actual malice, willfulness, and/or wanton disregard of rights were found. The $2.8 million award was permissible because there were threats of physical violence against a vulnerable employee amidst similar conduct toward other employees and this was reprehensible under federal standards.



View the Highlights for this title.
  • Overview
  • Collective Bargaining and Abritration
  • Cause for Disciplinary Action
  • Nexus
  • Disciplinary Penalties
  • Remedies
  • State Administrative Review
  • Federal Agency Actions and MSPB Review
  • Judicial Review
  • Disability Discrimination
  • State and Local Employees’ Constitutional Rights
  • Right of Privacy
  • Alcohol, Drug, Aids, and Other Testing
  • Constitutional Rights During Investigation
  • Public Employee First Amendment Rights
  • Freedom of Political Belief, Association, And Affiliation
  • Procedural Due Process: Property
  • Procedural Due Process: Liberty
  • Preclusion and Absention
  • Wrongful Discharge: Tort
  • Wrongful Discharge: Breach of Contract
  • Common-Law Torts Associated With Employment and Discharge
  • Sexual Harassment
  • Table of Cases
  • Index

Americans with Disabilities Act (ADA) Handbook by Henry H. Perritt, Jr., Esq.

Americans with Disabilities Act (ADA) Handbook, Fourth Edition
Henry H. Perritt, Jr.
The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In one comprehensive  more...
Add to cart
 
| Price: $786.00 | ISBN: 9780735531482 | Format: Hardcover 
Imprint: Aspen Publishers 

Covenants Not to Compete, Third Edition by Mark R. Filipp

Covenants Not to Compete, Third Edition
Mark R. Filipp
Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restri more...
Add to cart
 
| Price: $455.00 | ISBN: 9780735553132 | Format: Looseleaf 
Imprint: Aspen Publishers 

Employee Dismissal: Law and Practice, Fifth Edition by Henry H. Perritt, Jr., Esq.

Employee Dismissal: Law and Practice, Fifth Edition
Henry H. Perritt, Jr.
Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal do more...
Add to cart
 
| Price: $401.00 | ISBN: 9780735561410 | Format: Looseleaf 
Imprint: Aspen Publishers 

Employment Relationships: Law & Practice by Mark W. Bennett, Esq., Howard J. Rubin, Esq., Donald J. Polden, Esq.

Employment Relationships: Law & Practice
Mark W. Bennett, Howard J. Rubin, Donald J. Polden
Employment Relationships: Law & Practice analyzes the state and federal employment laws and recent trends in case law affecting the employment relationship. Topics covered include: federal discrimination law, including ADEA, ADA, the Equal Pay Act, and the Family and Medical Leave Act; sexual  more...
Add to cart
 
| Price: $352.00 | ISBN: 9781567063769 | Format: Looseleaf 
Imprint: Aspen Publishers 

Representing Plaintiffs in Title VII Actions by Kent Spriggs, Esq.

Representing Plaintiffs in Title VII Actions, Third Edition
Robert E. McKnight
Representing Plaintiffs in Title VII Actions, Third Edition offers you a wide array of legal tools for mastering the basic theories, case management methods, discriminatory practices, class actions, dispositions, and remedies in this vital area of the law. Written in clear, concise language, thi more...
Add to cart
 
| Price: $534.00 | ISBN: 9780735562011 | Format: Looseleaf 
Imprint: Aspen Publishers