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    I relish the opportunity to balance the scales. Learn more about Josh\'s approach to employment law.
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A Cautionary Tale: Female Employee’s Emails Used Against Her in Sexual Harassment Case

A Cautionary Tale: Female Employee’s Emails Used Against Her in Sexual Harassment Case

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Published: November 8, 2012

Posted in: Blog

On September 17, 2012, the United States District Court for the Southern District of Illinois granted Defendant USDA’s motion for summary judgment on Plaintiff’s sexual harassment claim. Jacober v. Dep’t of Agric., No. 3:10-cv-00422 (S.D. Ill 9/17/12). In her suit, Plaintiff alleged that her supervisor directed an intern to create a PowerPoint presentation of him, the [...]

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Defending Teachers’ Rights of Self-Defense

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Published: October 24, 2012

Posted in: Articles, Blog, Press Room

Van Kampen Law defends Patricia Frost, an Anson County teacher suspended for slapping an adult student in self-defense. Media coverage by WBTV. – Aug 1, 2012

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Court Holds that Employee Can Recover Lost Overtime Pay Under FMLA

Court Holds that Employee Can Recover Lost Overtime Pay Under FMLA

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Published: September 17, 2012

Posted in: Blog

On September 4, the U.S. Court of Appeals for the First Circuit affirmed a lower court decision and held that a plaintiff could recover lost overtime pay under the FMLA. Pagan-Colon v. Walgreens of San Patricio Inc., No. 11-1089 (1st Cir. Sept. 4, 2012). Specifically, it affirmed that lost overtime could be included in the [...]

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Court Grants Summary Judgment After Employees Fail to Produce Specific Evidence of Unpaid Overtime

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Published: September 13, 2012

Posted in: Blog

Employees seeking compensation for unpaid overtime must not rely on their employers to record their work hours. This is the lesson imbedded in the Southern District of Texas’ case Faery v. Weigand-Omega Mgmt., Inc., No. 11-02519 (S.D. Tex. 7/26/12). The plaintiffs, three property management employees, alleged that they performed uncompensated overtime work in excess of [...]

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Seventh Circuit Reverses Summary Judgment on FMLA Interference and Retaliation Claims

Seventh Circuit Reverses Summary Judgment on FMLA Interference and Retaliation Claims

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Published: August 20, 2012

Posted in: Blog

On August 9, the Seventh Circuit found that a jury should hear Plaintiff’s FMLA interference and retaliation claims, citing, among other things, evidence that the employer defendant may have intentionally interfered with Plaintiff’s employment record and right to FMLA leave.  Pagel v. TIN, Inc., No. 11-2318 (7th Cir. Aug. 9, 2012). Defendant terminated Plaintiff, who [...]

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Facebook: It Can and Will be Used Against You

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Published: August 15, 2012

Posted in: Blog

In the legal world, what happens on Facebook does not stay on Facebook.  On July 18, the U.S. District Court for the Eastern District of Tennessee held that Plaintiff’s case would survive summary judgment, despite Defendant’s argument that her Facebook page necessitated that the court rule in Defendant’s favor, but the Plaintiff was fortunate to [...]

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