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The Restatement of Employment Law has heartily endorsed the doctrine of good faith and fair dealing. But there has been virtually no exploration of the concept of “fair dealing.” And, in many cases, courts place a burden on the plaintiff to show “bad faith,” rather than allowing a jury to determine whether a defendant acted in good faith. Other courts have allowed plaintiffs to plead, as a separate count, breach of the covenant of good faith and fair dealing, giving plaintiffs an excellent jury charge as well as expanding sympathetic evidence that may be relevant. NELA lawyers need to use the concept of breach of good faith and fair dealing more actively. Our speakers review applicable standards and make practical suggestions of how to make this covenant work for our clients.
Joseph D. Garrison Managing Shareholder - Garrison, Levin-Epstein, Chimes & Richardson, PC Joseph D. Garrison, managing shareholder of Garrison, Levin-Epstein, Chimes, Richardson & Fitzgerald, P.C., New Haven, Connecticut, focuses his practice on employee rights. He graduated from Wesleyan University in 1965 and Cornell Law School in 1968....MoreJoseph D. Garrison, managing shareholder of Garrison, Levin-Epstein, Chimes, Richardson & Fitzgerald, P.C., New Haven, Connecticut, focuses his practice on employee rights. He graduated from Wesleyan University in 1965 and Cornell Law School in 1968. He served as President of the National Employment Lawyers Association and as a member of the Executive Board for 15 years. He was a founding Governor, Charter Fellow, and President of the College of Labor and Employment Lawyers. Mr. Garrison has been a speaker at numerous national employment law seminars sponsored by the American Bar Association, BNA Books, and NELA. He presently serves on the Council for the Labor and Employment Section of the American Bar Association, and is its liaison for the Equal Employment Opportunity Committee. In Connecticut, he served as President of the Connecticut Bar Association Labor and Employment Law Section, as Chairman of the Federal Court Grievance Committee, as the founding Chairman of the Connecticut Employment Lawyers Association, and on the Board of Governors of the Connecticut Trial Lawyers Association. He recently became a member of the American Board of Trial Advocates and The American College of Trial Lawyers. Mr. Garrison is increasingly active as a mediator and arbitrator, particularly in employment cases, and is listed as a mediator and arbitrator on AAA’s employment panels. In 2009, he was appointed to AAA’s Board of Directors. Collapse
Mark Hammons, Sr. Mark Hammons attended undergraduate school at the University of Oklahoma, and received his Juris Doctorate from Oklahoma City University in 1976. He served three terms as an Oklahoma State Representative from 1972 to 1978. Mr. Hammons was admitted to...MoreMark Hammons attended undergraduate school at the University of Oklahoma, and received his Juris Doctorate from Oklahoma City University in 1976. He served three terms as an Oklahoma State Representative from 1972 to 1978. Mr. Hammons was admitted to practice before the Supreme Court of Oklahoma, the U.S. District Courts for the Eastern, Northern, and Western Districts of Oklahoma, the Northern District of Texas, the Tenth Circuit Court of Appeals, The U.S. Court of Federal Claims, and the U.S. Supreme Court. Mr. Hammons is the founder and former President of the Oklahoma Employment Lawyers Association and the head of the Tenth Circuit Affiliate of the National Employment Lawyers Association. He is currently serving on the Executive Board of the National Employment Lawyers Association. Collapse
Good Faith & Fair Dealing, NELA 2017 Annual Convention - Paper
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