Donna Ballman's Blog
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Sep.15.2011
Some people gave me a hard time when I wrote this post about how circumstantial evidence was way better than eyewitness testimony. Well, now I have proof that eyewitness testimony isn't worth much, despite the fact that juries absolutely love it. In this article (requires a login) and this...
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Sep.13.2011
An ugly new trend is spreading in the workplace, and the courts say it's okay. If you're trying to get a job, employers can now discriminate against you in ways that current employers can't.
A Potential Employer Can Retaliate Against You For Suing Your Employer
The latest attack on...
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Aug.29.2011
This piece by David Sirota in Salon struck a nerve with me. He makes the case that race discrimination still exists. Sad, but it's something that needs to be said over and over. I find the issue of whether any kind of discrimination still exists to be a continuing uphill battle when I...
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Aug.23.2011
With Hurricane Irene bearing down on the East Coast, I thought it would be important to address what the employer's obligations are if they close the office due to a natural disaster. Whether an employee is entitled to be paid when the office is closed depends on whether they are "exempt"...
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Aug.11.2011
I enjoy the TNT show Memphis Beat, about a singing cop (played by Jason Lee of My Name Is Earl) and an offbeat police department in Memphis. They don't usually get my lawyer hackles up too much, but the latest episode, Ten Little Mempians, had a howler of a mistake. A character in the show, an...
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Aug.03.2011
Most employment cases aren't going to be those big headline multi-million dollar awards. Usually, if you're lucky, you might recover lost wages and benefits. Very few cases result in big money for the former employee, so don't assume you have a winning lottery ticket as soon as a coworker makes...
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Aug.02.2011
I just heard that, thanks in part to the series of articles I've written for AOL Jobs, my blog Screw You Guys, I'm Going Home was named among Berke's "10 Must Read Blogs for Managers" on their People at Work blog. Check it out!
Thanks as always to Gina Misiroglu at Red Room for the AOL...
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Jul.26.2011
I usually recommend against complaining about your boss. It can be satisfying to complain, but complaining can get you fired. There's no First Amendment in the private workplace, and even government employees' free speech rights are limited. If you say your boss is incompetent or unprofessional...
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Jul.19.2011
Just because you're salaried doesn't mean you're automatically exempt from overtime. Most employees are entitled to be paid overtime (1.5 times your regular hourly rate) under the Fair Labor Standards Act for any hours worked over 40 per week. Some employees are exempt, but not nearly as...
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Jul.12.2011
I couldn't resist sharing this headline with you after I said how much I enjoyed the show Suits. Just in case you thought it was unrealistic that someone could pass himself off as a lawyer at a big firm, here's one who did just that. Apparently a guy worked for the firm Clausen Miller in...
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Jul.11.2011
I sometimes have people tell me they started their new job and then found out there was no health insurance. They express shock -- but they have to give me insurance, don't they?
No, they don't. There is no law requiring any employer to provide any particular benefits to employees. There are...
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Jul.06.2011
Almost everyone I talk to about this issue is absolutely sure they're entitled to two 15 minute work breaks and one lunch break a day. Almost everyone is wrong. Before you smart off to your boss who's demanding you return to work before you finish your coffee, here are 10 things you need to...
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Jun.29.2011
If you have an impairment that substantially limits a major life activity, you might be covered under the Americans With Disabilities Act. Many people are confused about their rights and responsibilities if they have a covered disability, and whether or not they are covered. Here are 15...
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Jun.26.2011
Suits, the new USA summer show about a guy passing himself off as a lawyer, had me worried at the beginning. The very first scene was a real lawyer lying to a client to get a deal closed. That’s a huge, disbarrable no-no. The writers redeemed themselves when the characters...
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Jun.22.2011
Many employers try to save money on taxes and escape liability under employment laws by getting employees to sign Independent Contractor Agreements. There are some advantages to being an independent contractor, but most people labeled as contractors are really employees. Here are the top 11...
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About Donna
Donna Ballman is the award-winning author of The Writer's Guide to the Courtroom: Let's Quill All the Lawyers, a book geared toward informing novelists and screenwriters about the ins and outs of the civil justice system. Her new book, Stand Up For Yourself...
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