就业律师实用法律资源

Employment A sampling of Thomson Reuters Practical Law resources. Our job is tomake yours better •Government Practice: State andLocal•Health Care•Intellectual Property andTechnology Practical Law know-how covers Get up to speed quicklyso you can practice withconfidence. ThomsonReuters® Practical Lawprovides expert-written and •Antitrust•Arbitration•Bankruptcy & Restructuring•Capital Markets and CorporateGovernance•Commercial Transactions•Corporate and M&A Practical Law Sectors coverage: •Alcohol, Tobacco & Cannabis•Construction•Financial Services•Food & Beverage •Media & Entertainment•Oil & Gas•Retail Key resources Practical Law resources arewritten and maintained by ourexpert team of 650+ attorney editors and are constantly 1.Practice notes Get up to speed quickly withstraight-forward how-to guidanceand clear explanations of current 2.Toolkits Easily access a collection ofrelated how-to guides, documenttemplates, checklists, and legal 3.Standard documents and clauses Annotated templates withembedded drafting notes andclause-by-clause guidanceeliminate the need to start 4.Checklists Ensure you’ve covered all thebases or provide an outlineof considerations, timelines, “Practical Law enables us to respond to our clients quicklyand effectively, delivering increased efficiency and value.” Scott M. CoffeyPartner, Squire Patton Boggs Contents The following pages contain sample Common Motion in Limine Issues in Employment CasesWARN Act Compliance ChecklistOther resources available on employment Practical Law Common Motion in Limine Issuesin Employment Cases Resource presented as of July 19, 2024. See thelive,maintained resource in Practical Law for subsequentchanges. Underlined text links lead to related resources Contents •Grounds for Filing a Motion in Limine •Evidence Related to the Equal EmploymentOpportunity Commission (EEOC) or –EEOC Determinations–Unemployment InsuranceBenefits Proceedings •Evidence Related to the Employer –Previous Lawsuits Against the Same Employer A Practice Notehighlighting some common topicsrelated to motions in limine in employment litigation,including evidence related to federal and state agencydeterminations, previous lawsuits against the sameemployer, tax returns, and social media. This Note generally –Stray Remarks–Other Alleged Acts of Discrimination by the •Evidence Related to the Employee –Victim’s Sexual Behavior or Predisposition –Previous Jobs or Terminations of Employment–Personnel Files–Tax Returns–Immigration Status–Social Media •Facilitating settlement discussions depending on the Parties typically usemotions in limineto ask the court toexclude or limit certain evidence from trial because it isinadmissible under one or more of the Federal Rules ofEvidence (FRE). By moving to exclude the evidence beforetrial, as opposed to simply objecting to the evidence at trial, •Reducing litigation costs. •Avoiding disruption of a jury trial to argue evidentiary Grounds for Filinga Motion in Limine In response to a motion in limine submitted before trial, a •Exclude evidence that is clearly inadmissible. There are several categories of evidence that may be thesubject of a motion in limine. This Note is focused on theevidence more commonly challenged by motions in liminein employment litigation cases, especially those related todiscrimination,retaliation, and wage and hour claims. Expert •Issue a preliminary ruling that it may revise at trial. •Defer ruling on the issue until trial. Before filing a motion in limine, counsel generally shouldconfirm that the evidence at issue appears on theopponent’s exhibit list (seePractice Note, Preparing for Trial(Federal): Exchange Witness Lists, Deposition Designations, •Hearsay (seeFed. R. Evid. 801-807; Practice Note,Evidence in Federal Court: Overview: Hearsay Under FRE801-807). •Irrelevant (Fed. R. Evid 402). •Not authenticated (seeFed. R. Evid. 901-902;PracticeNote, Evidence in Federal Court: Overview: Documentsand Other Tangible Evidence Must Be Authenticated). •Hearsay (Fed. R. Evid. 802). •Unduly prejudicial (Fed. R. Evid. 403). •A subsequent remedial measure (seeFed. R. Evid. 407;Practice Note, Evidence in Federal Court: Overview:Exclusion of Subsequent Remedial Measures Under For more information about each of these rules, seePractice Note, Evidence in Federal Court: Overview. •Unfairly prejudicial or inflammatory, with minimalprobative value (seeFed. R. Evid. 403;Practice Note,Evidence in Federal Court: Overview: Exclusion of •Standard Document, Motion in Limine: Motion or Noticeof Motion (Federal). •Standard Document, Motion in Limine: Memorandum ofLaw (Federal). •Inadmissible expert testimony (seeFed. R. Evid. 702-703;Practice Note, Experts: Daubert Motions). •Standard Document, Motion in Limine: ProposedOrder (Federal). Evidence Related tothe Equal Employment Motions in limine are not mandatory and counsel shoulddetermine whether it is strategically advantageous to fileon