Employment and Labor
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Civil Complaint for Damages, Declaratory Relief, Extraordinary Writs, and Preliminary Injunction
Federal Civil Rights Complaint (42 USC 1983), including requests for damages, injunction, extraordinary writs, and declaratory relief out of the US District Court for the Eastern District of Michigan.
Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.
Complaint for Age Discrimination
Age discrimination involves treating an applicant or employee less favorably because of his or her age.
Complaint in Federal court for age discrimination:
To establish an age discrimination claim, plaintiff must show that:
–she was older than 40;
–she was discharged;
–she was qualified for the job and met the defendant’s legitimate expectations; and.
–her position remained open or was filled by a similarly qualified individual who was substantially younger.
An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The majority of cases, about 67 percent, are ruled in the plaintiff’s favor when taken to litigation.
What are grounds for age discrimination?
The employee, at the time of the act alleged to be discriminatory, is 40 or older; The employee is qualified for their job position; The employee experiences an adverse employment action; Adverse actions include actions such as demotions, firings, or changes to the terms, conditions or privileges of employment); and.
Federal Court Civil Complaint with Request for Injunctive Relief
Federal Civil Complaint based on diversity of citizenship, and including claims for misappropriation of trade secrets and breach of contract; includes request for injunctive relief. US District Court for the District of Minnesota.
Defendants Jury Instructions
Sample jury instructions with citations for a fair labor standard act.
Confidentiality Agreement
This product states what the confidential information is, protection of confidential information, return of confidential information, relationship of parties, no warranty, limited license to use, and general provisions.
Employee Warning Letter
This product states that the letter serves as an official warning that there has been a problem with the employee and gives the reasons and exact instances the problems occurred.
Employment Agreement Amendment
This product states when the agreement is made and between who, the entire agreement, and the governing law.
Employment Application
This product states the employer information, applicant information, emergency contact, job position applied for, salary desired, who referred to the company, has the person applied before, how they will get to work, willingness to work any shifts, availability to work overtime, any reasonable accommodations, applicant’s skills, applicant employment history, applicant’s education and training, and certification.
Employment Contract
This product describes the employment, best efforts of employee, ownership of social media contacts, compensation of employee, expense reimbursement, recommendations for improving operations, confidentiality, unauthorized disclosure of information, confidentiality after termination of employment, non-compete agreement, employee’s inability to contract for employer, benefits, term/termination, termination for disability, compliance with employer’s rules, return of property, notices, entire agreement, amendment, severability, waiver of contractual right, and applicable law.
Employment Offer Letter
This product states the jobs responsibility, when the date of employment will start, annual salary, what will be reimbursed, and what is included with benefits package.
Employment Reference Request
This product gives a format for asking for a letter of reference which includes where the person needs the letter of reference to be sent to and any contact information needed.
Reference Letter
This product gives a format for a letter of reference, which includes how long the candidate has been known, and the value the candidate offers.
Termination Letter
This product gives a format for a letter of termination, which includes, the company’s name, the official termination date, the reason for the termination and when the termination will take part.
Confidentiality Agreement
This product states what the confidential information is, protection of confidential information, return of confidential information, relationship of parties, no warranty, limited license to use, and general provisions.