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Wednesday, February 14, 2018

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Erin McCoy Alarcon

RECENT Posts

  1. Why Choose Mediation?
    10 Jun, 2016
    Why Choose Mediation?
    Why choose mediation? Because it saves money, time, and stress.
  2. The ADA and Service Animals
    26 Jul, 2018
    The ADA and Service Animals
    Happy birthday to the Americans with Disabilities Act. Learn about the rights of individuals and businesses with regard to service animals.
  3. Two Simple Steps For A More Successful Mediation
    09 Mar, 2018
    Two Simple Steps For A More Successful Mediation
    1.       Actively Listen.  Active listening is a learned skill.  Much of the time we spend listening, we are also thinking how we can use what the other person is saying to develop a reply.  As attorneys, especially litigators, we take pride in our ability to do just this.  We purposefully listen for the holes, inconsistencies and flaws in testimony, and then we use that as fuel for cross-examination and closing arguments.  This kind of listening alone, however, does not tend to aid resolution.
  4. Eliminating Workplace Bullying
    23 Jan, 2018
    Eliminating Workplace Bullying
    Workplace bullying is common. What can employers do to eliminate it?
  5. Medical Marijuana at Work
    19 Jul, 2017
    Medical Marijuana at Work
    Mass SJC: Employee terminated for medical marijuana use can pursue handicap discrimination claim against her employer.
  6. Massasoit v. MCAD: What Is Pre-Text in Disability Discrimination
    02 Jun, 2017
    Massasoit v. MCAD: What Is Pre-Text in Disability Discrimination
    In employment discrimination cases, the employee plaintiff has the burden of establishing a prima facie case: that s/he is a member of a Mass. Gen. Law Chapter 151B protected class; that s/he performed the job at an acceptable level; and, that s/he was terminated.  The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for terminating the employee.  Then, the burden shifts back to the employee plaintiff to demonstrated that the employer’s articulated reason
  7. Should We Mediate Our Divorce?
    11 May, 2017
    Should We Mediate Our Divorce?
    Divorce is emotional, time-consuming and costly. Mediation is a good alternative.
  8. Marijuana in Massachusetts: Considerations for Employers and Employees
    13 Mar, 2017
    Marijuana in Massachusetts: Considerations for Employers and Employees
    In addition to Massachusetts’ already existing medical marijuana law, as of December 15, 2016, recreational marijuana became legal in the Commonwealth.  What does this mean for employers and employees? Prohibition of Possession and Use On Work Premises While the law allows individuals 21 years and older to possess and grow marijuana (with some limits), the current law does not prevent a person from prohibiting or otherwise regulating the use of marijuana on property owned, occupied or managed
  9. EEOC Updates Its National Origin Discrimination Enforcement Guidance
    29 Nov, 2016
    EEOC Updates Its National Origin Discrimination Enforcement Guidance
    Highlights from the Updated Enforcement Guidance The updated guidance is based on the EEOC's analysis of the courts' interpretation and application of the federal national origin anti-discrimination law to specific facts.  When there is inconsistency in the interpretation and application among various courts, the EEOC's updated guidance provides an analysis and explanation of the position the EEOC expects to take when presented with such issues.  Much of the updated guidance is unsurprising,

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