Employers can be sued for more than employment discrimination, whistleblowing or breach of contract. Causes of action that have been brought against employers range from assault and battery to defamation and intentional infliction of emotional stress. In order to successfully litigate an employment tort claim, you need to be aware of the elements of various tort actions and understand the potential impact of workers’ compensation laws and insurance and indemnification issues.
Presented in cooperation with the NJSBA Labor & Employment Law Section
DAVID H. BEN-ASHER, ESQ.
Rabner, Allcorn, Baumgart & Ben-Asher, PC (Upper Montclair)
MICHAEL A. FERRARA, JR., ESQ.
Certified by the Supreme Court of New Jersey as a Civil Trial Attorney
Ferrara, Rossetti & Devoto, PA (Cherry Hill)
PETER L. FRATTARELLI, ESQ.
Archer & Greiner (Haddonfield)
DONNA duBETH GARDINER, ESQ.
McElroy, Deutsch & Mulvaney (Morristown)
JON L. GELMAN, ESQ.
Law Offices of Jon L. Gelman (Wayne)
CHRISTOPHER H. MILLS, ESQ.
Collier, Jacob & Mills, PC (Somerset)
GLEN D. SAVITS, ESQ.
Green & Savits, LLC (Morristown)
At this seminar, a distinguished panel of employment lawyers and litigators will review the various causes of action in tort cases. You’ll also gain insight into issues concerning proof and damages, as well as winning litigating strategies you can use in your next case.
EVERYTHING YOU NEED TO KNOW ABOUT EMPLOYMENT TORTS, INCLUDING…
• Causes of Action in Employment Tort Cases: How to Choose Them and How to Plead Them
- Intentional/Unintentional infliction of emotional stress
- Tortious interference with employment
- Negligent misrepresentation
- Negligent hiring or retention
- Assault and battery, rape, sexual assault
- Public policy claims (Pierce v. Ortho)
• Workers’ Compensation Issues
- Exclusive remedy bar on negligence claims
- Coordination with workers’ compensation claims and liens
- Invoking workers’ compensation insurance coverage (Schmidt v. Smith)
• Other Insurance Coverage and Indemnification Issues
- General liability
- Directors’ and Officers’ coverage
- Employment practices insurance
- Homeowners’ policies
- Professional liability issues
• Tort Claims Act
• Relationship to Non-Tort Employment Law Causes of Action
• Liability of Employer for Torts of its Supervisors or Other Employees
• Trial Proofs
- Proving tortious conduct
- Use of medical experts
- Compensatory, pain and suffering, punitive (and cap)
- Comparative negligence
- Joint and several liability and more
Mon., June 7, 2004
5:30 PM to 9:00 PM
Sheraton at Woodbridge Place, Iselin